Two addicts recruited from a crack house have been sentenced to spend another 33 months in jail for their part in a B.C. home invasion that left one man dead and another wounded.
Robert Hugo Grattan, 25, and 27-year-old Nicole Amanda Birch were sentenced to nine years in jail on charges of manslaughter, aggravated assault and robbery in B.C. Supreme Court last month. They have each spent more than 37 months in jail already and were given credit for six years and three months served.
Grattan and Birch were part of a team of four robbers who arrived at a home in Harrison Hot Springs on Nov. 23, 2007 wearing bulletproof vests and armed with a shotgun and a Taser.
The mastermind behind the robbery met Grattan and Birch at a Surrey crack house to ask for their help, promising that they would come away from the heist with drugs and money. He knew a tenant at the house, Dan Lee, and held a grudge against him, Justice William Grist wrote in the sentencing decision.
Four people were at home at the time of the robbery, but Lee wasn't one of them. A robber holding a gun ordered the victims to the ground and demanded money and drugs.
"The three had little to give him and he became more demanding and assaulted them with the butt of the shotgun," Grist wrote.
At some point during the ordeal, Ronald Thom, a friend of the tenants, tried to knock the gunman down. Thom took two gunshots to the stomach and thigh for his trouble.
After the gunshots, Birch was called into the house and tied up another woman using tape and a cord, and then shocked her with a Taser.
"The weapon was not fully functional but added to the overall terror of the assaults," Grist wrote.
Later, Lee returned to the house. The gunman saw him arrive and shot him in the back.
Lee died while he lay in the driveway.
Grattan and Birch were arrested 20 minutes after the robbery as they were trying to walk out of Harrison Hot Springs. They were wearing armoured vests and carrying the Taser and some stolen items at the time.
The van, shotgun and a pellet gun were found abandoned a day later near Agassiz, but the other two robbers were never arrested.
Both Grattan and Birch say they have been drug users since the age of 14, and both have long youth and adult criminal records, mainly on break-and-enter and drug charges.
The pair pleaded guilty to all charges against them in court, but both denied being the gunman in the shootings, and said they weren't even aware of the shotgun before they arrived at the house.
Grist wrote that both have made significant efforts towards rehabilitation, but said the crime was serious enough to justify a lengthy sentence.
"Both accused were wearing armoured vests, indicating they were expecting a potentially violent encounter, and neither resiled from the ongoing robbery during the period of time from the shooting of Mr. Thom until Mr. Lee arrived at the home and was subsequently shot and killed," Grist wrote.
Grattan and Birch also received a lifetime ban on owning firearms.