A Calgary man who fired a handgun at another motorist, grazing the driver's forehead, should be spared a prison term because he was later the victim of a savage vigilante beating, his lawyer argued in court.
Violent Confrontation at Calgary Airport
The case centres on an incident that occurred on September 27, 2023, near the Calgary International Airport. Ethan El-Khatib, 26, pleaded guilty to possessing a loaded, restricted firearm after a road rage encounter escalated dramatically.
According to facts presented by Crown prosecutor Margot Engley, the conflict began when El-Khatib cut off another vehicle driven by Rayad Hammidi. After profanities were exchanged, El-Khatib brandished a handgun. He drove away but was caught in traffic at a construction zone, allowing Hammidi's vehicle to catch up.
A Disputed Claim of Self-Defence
Defence counsel Jim Lutz told Justice Greg Stirling that his client was acting in self-defence. Lutz stated that a passenger from Hammidi's car began to get out, prompting El-Khatib to fire a shot that struck the passenger window.
Hammidi then approached the driver's door, and El-Khatib fired again, the bullet grazing Hammidi's forehead. El-Khatib was then disarmed and forcibly removed from his vehicle.
The 'Brutal Beating' and Sentencing Debate
What followed, according to Lutz, was a six-minute, savage beating by three men, which continued even as El-Khatib lay prone on the ground and onlookers pleaded for them to stop. Video evidence of the attack was shown in court.
Lutz argued that this vigilante justice is a significant mitigating factor, warranting a conditional sentence to be served in the community. Vigilante justice is not what Canadian society supports, Lutz told the court.
While the Crown prosecutor did not concede that El-Khatib's actions were lawful, she acknowledged the prosecution could not fully negate the self-defence argument. Engley is seeking a four-year prison term, citing the prevalence of gun violence.
Before the court adjourned, El-Khatib addressed the judge, stating, I just want to say I'm sorry for the whole incident. I didn't want to hurt anyone. A date for Justice Stirling's sentencing decision will be set in January. El-Khatib remains free on strict bail until that time.
