‘This is not justice’
Man who killed Mario Rodgers in apartment parking lot collision sentenced to five years in jail
A 26-year-old man who deliberately ran over Mario Rodgers, killing the 22-year-old during an ongoing dispute, was sentenced to five years for what the judge described as a “disturbing” and “avoidable” crime.
Junaid Nizami was initially charged with second-degree murder following the Dec. 13, 2021 incident outside 2520 Barton St. E., but that charge was withdrawn Thursday at the request of the Crown. He pleaded guilty in December to dangerous driving causing death.
“Ultimately the accused used his vehicle as a weapon, killing him in the parking lot of his family’s apartment building,” Superior Court Justice Andrew Goodman said during sentencing.
After enhanced credit for time served before trial, including harsh conditions during the pandemic and strict bail, Nizami has another three years and seven-and-a-half months left to serve. He also faces an eight-year driving ban.
Family and friends of Rodgers filled the courtroom, some wearing shirts bearing his picture. Many wept and said the plea and sentence were an injustice.
Goodman, echoing the words of assistant Crown attorney Brett Moodie, noted the tragedy of the case and clear impact on the grieving family. However, the court “cannot exact vengeance,” he said.
Ten victim impact statements were submitted by friends and family of Rodgers recounting their anguish and anger. Rodgers loved cars and his family, they said.
Rodgers’ mom, Franca Rapino, too overcome with emotion to read her victim impact statement, stood next to a family friend who read it on her behalf.
“(Nizami) robbed Mario of his future, his dreams, his life, and mine as well,” she said, describing the pain as “immeasurable.”
Her “baby boy” was killed just outside the apartment building where she still lives and where she and other family are constantly reminded of what happened.
“When I look out of my balcony window all I can see is the bent siding from where Mario was intentionally struck and killed,” she said.
Iesha Rapino, one of Rodgers’ younger sisters, recalled her brother walking out the door the night before he was killed saying he would be right back. It would be the last time she saw him alive. Her brother helped care for her and her sister and was the man of her house her entire life, she said.
“I can’t stop being angry at the world,” she said, later adding: “I can’t help but feel in my heart this is not justice.”
Kiley Wilson said Rodgers was her best friend and someone she had turned to since they met when she was 16. “He’s my favourite person, my best friend, my brother from another mother,” she said, describing his support for her and her two children.
“I will never forgive you for this,” she said, speaking directly to Nizami in the prisoner’s box. “I hope when you go to jail, you sit and think about what you’ve done to many people, every day, for no reason at all.”
Then she spoke directly to Rodgers, saying she was sorry for all the experiences he will miss.
“I am sorry you will never get to experience achieving all your goals, becoming a loving father, you would have been the best father ever,” she said.
Rodgers’ girlfriend Alyssa Hazel also spoke about Rodgers being a father figure to her children and the life they had planned together.
According to the agreed facts, Nizami “intentionally accelerated toward” Rodgers in the parking lot of his apartment building shortly after 4 a.m. Dec. 13, 2021. Rodgers was run over and died at the scene.
Court heard there was ongoing animosity between the two in the months before, stemming from their relationships with the same woman and a dispute over money and car parts. This intensified the night before Rodgers’ death, with the victim, his brother and friends chasing Nizami over several hours. They had weapons, including an imitation firearm, in their vehicles.
Surveillance video showed the final confrontation when Rodgers, his brother and friends found Nizami in a BMW. Rodgers group got out of their vehicles and as he walked toward Nizami, the then 23year-old accelerated, hitting and pining Rodgers underneath his car. Nizami was pulled from his vehicle and was found injured and being held by Rodgers’ brother when police arrived. In hospital doctors believed he had suffered a stroke.
Nizami did not say anything to the court before sentencing, however, his lawyer Peter Craniotis told the court he is “remorseful.”
The 26-year-old did not have a criminal record prior to the parking lot incident. However, he was convicted of breaching his bail for staying outside slightly beyond the 45 minute-a-day limit to go for a walk and was granted an absolute discharge.
Craniotis told the court Nizami and Rodgers used to be friends before the conflict. Prior to his arrest Nizami worked odd jobs and had struggled with methamphetamine abuse. He is now a couple of years clean, has the support of family and hopes to go back to school.
Moodie told the court that Hamilton police conducted an exhaustive investigation that included extensive video that allowed all parties to “understand the complete picture.” Had the homicide case proceeded to trial, the argument of self-defence made a conviction not probable.
“Nizami was chased and indeed outnumbered,” he said, adding that the other parties had weapons and noting that one central witness was not co-operative with the court. But, Moodie also said that it’s clear Nizami’s actions are not justified and that “he chose to act this way.” The plea was the “best and just outcome.”
Rodgers’ family “don’t deserve to be here and they do deserve a fair and just hearing,” he said.