Crown and defence counsels presented a B.C. Supreme Court Justice with arguments for sentences ranging from 3 1/2 to six years during a hearing Tuesday for a man who was behind the steering wheel during an attempt to escape police following a bout of drive-by gunplay.
Eric Vern West, 41, did not pull either of the triggers that left a home in the 200 block of Bellos Street with damage from shotgun pellets but knew what he was getting into when he drove the two co-accused to the scene during the late morning of Oct. 8, 2020, Crown prosecution argued in making a case for a sentence at the higher end.
At the time, there had been a "rash of shootings that police understood to be between two warring factions in the community," the court was told. Thomas Joshua Toman, a well-known figure in the city's drug trade, lived in the home and it had been the target of three such incidents over the span of two weeks, the last of which involved West as well as Kenneth Ricardo Munroe and Bradley Andre Ouelette
Wielding a prohibited shotgun, Munroe fired one shot while seated in the front passenger side while Ouelette, seated in the rear, fired two rounds with a non-restricted shotgun, according to an agreed statement of facts read into the court record. Neighbours, who had been on high alert following the two previous incidents, quickly contacted RCMP upon hearing the gunfire.
By the time the trio had reached Fifth and Ospika, an RCMP member had spotted their car. West initially continued east on Fifth at a normal rate of speed but the three appeared nervous as they looked back at the officer's cruiser.
When the constable pulled a U-turn with an intention to stop the car, West accelerated and when the cruiser's lights and siren were activated, he sped up some more and wove the car in and out of traffic as he raced along Fifth Avenue. He then turned onto Central Street, nearly sideswiping several vehicles, then headed south and through a red light at 10th Avenue where he turned east.
The officer became lost in the traffic and another RCMP officer took over the pursuit which continued along 10th until West crashed into the front yard of a 2300-block McBride Crescent home. The three got out of the car and Ouelette fired off a round at the RCMP cruiser then dropped the shotgun and ran.
Ouelette was eventually tackled and arrested, Munroe was found hiding in some nearby bushes and West was found underneath the deck of a nearby home.
The initial drive-by shooting occurred a short distance from an elementary school where classes were in session and the crash and the second round of gunplay occurred near a playground, it was noted.
Ouelette was later sentenced to eight years in prison while Munroe was sentenced to 5 1/2 years, both less credit for time served prior to sentencing. West did not fire any of the shots but Crown argued he deserves six years because he had been subject to a lifetime firearms prohibition as part of a sentence for a previous conviction, whereas Munroe was not subject to any such prohibition at the time.
Among the previous cases Crown used to support the position, one stemming from a June 2018 drive-by shooting in Mackenzie was noted in particular. Like Munroe, Meranda Leigh Dingwall did not fire any rounds but was found to have driven her co-accused at least part-way to the scene. She was subsequently sentenced to five years despite the lack of a criminal record.
West drove Ouelette and Munroe "knowing they were armed and was, at the very least, wilfully blind, like Ms. Dingwall," Crown argued.
Defence counsel pushed for the mandatory minimum of four years and, depending on a looming Supreme Court of Canada decision on whether such sentences violate the Charter, suggested 3 1/2 years is appropriate.
Much was made of West's concerted effort since he has been in custody to put himself onto a better path. He has been taking "all the programming he can," and once released plans to attend residential treatment for his addiction issues.
He will have plenty of support from family, friends and his home community, the Takla First Nation north of Fort St. James, where he is considered a valued member, the court was also told. Takla First Nation Chief John French was among the people who spoke to West's good character during the hearing.
Speaking on his own behalf, West said he is "not that same person anymore." West said he was completely sober from 2014 to 2019 but then relapsed and fell back into criminal activity when he found himself dealing with abandonment issues because his girlfriend left him.
"I take ownership of it and I'm back on that same road again. I want to do better for my kids and I want to do better for my community and I just thank God that no one was hurt."
West, who has remained in custody since his arrest two years ago, will receive credit of time-and-a-half for each day he has been in custody prior to sentencing. The two years has been the longest he has been in custody, it was noted.
B.C. Supreme Court Justice Ron Tindale will issue a decision on sentencing at a later date.
