Man free pending appeal in shooting that killed one and left one paralyzed
A month after being sentenced to 15 years in prison for killing one person and leaving another paralyzed, Windsor’s Dia-eddin Hanan has been released pending appeal.
The Court of Appeal for Ontario said Tuesday that Hanan, who was convicted of manslaughter for the December 2015 shooting of Alekesji Guzhavin, was granted bail on April 16.
A hearing for the appeal has not been scheduled.
Hanan, 36, a native of Jordan who is married with three children, was sentenced to 15 years in prison in March. With enhanced credit for time served in pretrial custody, he had 12 years and five months to go.
Christopher Uwagboe, Hanan’s London-based lawyer, said immediately after sentencing that they would appeal.
He said in March that part of the appeal would involve a challenge to Bill C-75, which came into effect on Sept. 19.
The bill eliminated the chance for the Crown and the defence to object to potential jurors and have them dismissed without explanation.
The Ontario Court of Appeal has said if an accused asked for a jury trial before the changes took effect, their lawyers should have been allowed peremptory challenges.
After previously confirming his client had been released from custody, Uwagboe said Tuesday he “was not at liberty to comment further on this matter for publication.”
Belinda Pagliaroli, Windsor’s Crown attorney, also would not discuss the case on Tuesday.
“Given that this matter is still pending before the courts, we cannot comment,” she said.
Windsor police declined to comment as well.
“The Windsor Police Service does not typically comment on matters that are before the courts,” said spokesman Sgt. Steve Betteridge.
A jury rejected Hanan’s claim of self-defence and found him guilty of manslaughter for the Dec. 23, 2015, killing of Guzhavin, 30.
Hanan was acquitted of an attempted murder charge for shooting Gregory Henriquez, 39, an American living in Windsor at the time.
But he was also sentenced for possessing an illegal firearm and discharging a firearm with the intent to wound.
Henriquez has permanent paralysis from his mid-chest down after being shot.
All three men involved had criminal records.
Henriquez testified at trial that on the night of the shooting, he gave Guzhavin a ride to Hanan’s Oak Street home to borrow money.
But Hanan testified the two larger men showed up unannounced to shake him down for money. Hanan claimed he gave the men $300 in his driveway but they were not happy with that.
In fear for his family’s safety, Hanan said he wrestled a gun away from Guzhavin and began shooting wildly into the dark. Guzhavin suffered seven gunshot wounds. Henriquez was shot tree times.
A major issue at trial was a dispute over who brought the gun. While handing down the sentence in March, Superior Court Justice Kirk Munroe made it abundantly clear he didn’t buy Hanan’s version of events, calling it “fanciful and unbelievable”
“They make no sense for a number of reasons,” said Munroe.