Sentencing handed to one of two suspects in death of Hamilton man,
Man pleads guilty to obstructing justice in exchange for testimony
James Matheson and Dale King were friends for many years before the fateful night of Dec. 2, 2017, when — after drinking, consuming and selling drugs — they encountered Yosif Al-Hasnawi on a Main Street East sidewalk. A minutes-long encounter began when Al-Hasnawi told them to stop harassing a man on the street and ended with King firing one hollow-tip bullet from his .22-calibre Derringer Magnum stainless handgun with a pearl white handle, according to an agreed statement of facts.
Al-Hasnawi, who had been attending a religious celebration with family that night and aspired to become a doctor, was hit in the abdomen and would be dead an hour later.
The now 21-year-old Matheson pleaded guilty to obstructing justice and was sentenced to time served in a Hamilton courtroom Tuesday, after being given credit for 13 months served in pretrial custody.
It was a joint submission by the defence and Crown in court Tuesday. Matheson was also sentenced to two years probation. Details of the plea had been covered under an unusual publication ban after Matheson was released on bail Aug. 20. That ban was lifted Tuesday allowing details in the agreed statement of facts to be reported.
Matheson, now sober, working and rebuilding relationships with his girlfriend and daughter, is expected to be the star witness in King’s seconddegree murder trial. He already spent three days testifying at King’s preliminary hearing.
The crux of the case against Matheson are the text messages he sent King warning that police were coming — “It’s happening Dale they’re here” and “disappear.”
Matheson was ultimately arrested in his apartment on Dec. 4 after his girlfriend called the police. Minutes before his early morning arrest, he sent the warning text messages.
Police wouldn’t find King until Dec. 7.
“James Matheson was there. He knew the shooter had a gun. He punched Yosif several times before running away. And he eventually text-messaged the shooter to help him evade police,” said Crown attorney Brian Adsett.
“But he was not the shooter, and he is not a murderer.” Matheson was i nitially charged with accessory after the fact to murder, but that charge was withdrawn for the obstruct justice plea — a charge the prosecution said “more ac- curately captures” the crime.
In a victim impact statement by Al-Hasnawi’s mom Amal Alzurufi, read by Adsett, she said her son’s death has forever changed her “I think of my son almost every minute,” she said, adding that she fears losing oth- ers. “I don’t hold any grudges or anything against you, but I do ask you to think of what you did and try to make better choices.”
Al-Hasnawi’s mom, dad and one of his brothers were in court Tuesday, as was Matheson’s girlfriend.