Hamilton aggravated assault case finally at an end

After more than three years, two mistrials and six days of trial, a young Hamilton man finally got his verdict for an aggravated assault charge.

But not before waiting another 12 hours for the jury to come to an agreement.

At 9:55 p.m., Nayef Al-Khaldi, 24, received the verdict of not guilty of aggravated assault, but guilty of assault. This decision was a long time coming.

It all started at midnight on Jan. 7^th, 2009. Al-Khaldi and his co-worker were delivering a pizza to the McMaster University Student Centre in his SUV.

The two Pizza Pizza delivery boys were sitting in the SUV when Sean Dukers and two of his friends drunkenly approached the vehicle, asking for a ride to somewhere near by. An agreement of $10 for the ride was made.

McCrorey approached the passenger door window, where Al-Khaldi was sitting, and raised his hand in a threatening gesture. Al-Khaldi claims to have been scared and didn’t know if McCrorey had a knife or not. The accused threw a punch that led to a brawl between all five men.

As a result, Dukers jaw was broken.

When the incident went to trial, Al-Khaldi pleaded self-defense.

The first day of trial after three years and two months was on Feb. 21^st, 2012. The accused and his brother, Noah Al-Khaldi, 25, patiently waited for the jury’s decision six business days later. The trial began again at 10 a.m. on Feb. 28^th at the John Sopinka Hamilton Courthouse.

It began with Justice James A. Ramsay outlining the jury’s duties. The jury, which consisted of four women and eight men, had to determine whether Al-Khaldi was guilty beyond a reasonable doubt.

Court was back in session at 12 p.m., after an hour break. The jury did not have a verdict, but had questions regarding the case.

Justice Ramsay explained that the issue at hand was the amount of force used against the victim, and whether or not the accused had intent to cause serious bodily harm.

After a lunch break, court was to resume at 2 p.m., given that the jury had reached a verdict. However they had not.

Hours went by and still nothing. The jury took their dinner at 5:50 p.m. until 7 p.m. Two more hours went by and still not a peep from anyone.

Just before 9 p.m. Al-Khaldi’s defense attorney, Michael H O’Brien, came out to the waiting room outside the courtroom. He informed the accused that at nine o’clock the court would resume, most likely only to tell him to go home.

But that was not the case.

At 9 p.m. the court did in fact resume, however not for the long day to end. Justice Ramsay was going to send the jury to their hotel for the night and resume the trial the next morning, but the jury explained that they had almost reached a verdict, they just needed an answer to one more question first.

One of the jurors, a man with short greyish-brown hair, a goatee and glasses, posed the question on the jury’s behalf. He inquired what constitutes self-defense yet guilty of assault.

“If he didn’t intend to inflict serious harm intentionally, then he’s not guilty, end of story,” said Justice Ramsay. “But if he did mean to then he is guilty, unless his reasons were reasonable.”

Court was adjourned yet again, until 9:40 p.m. when O’Brien came out with the news that the jury had reached a verdict.

“Hallelujah,” Al-Khaldi exclaimed. “Thank God!”

Suspense was in the air. Everyone in the courtroom was on edge, tired, and frustrated.

The jury announced their verdict of not guilty of aggravated assault, but guilty of assault.

Justice Ramsay then had to decide the punishment. He decided on an absolute discharge, after weighing in the fact that Al-Khaldi was mature, and not a loose member of society.

Outside the courtroom, when asked how he felt, Al-Khaldi replied, “I’m so happy, so much weight is off of my shoulders.”