The lawyer for the man behind the Yaletown rampage that nearly killed a bike store owner says his client isn't mentally ill but says his client made "very poor judgments."
Gerald Battersby waived his right to address the court at his sentencing hearing Friday, although his counsel said he is "accepting responsibility for what he did."
Battersby has pleaded guilty to three counts of attempted murder and two weapons-related offenses in the 2014 shooting of Paul Dragan and ensuing gun battle with Vancouver Police officers at nearby Science World.
Battersby was shot in the leg and torso multiple times after the conflict with police, and his lawyer said he is lucky to be alive.
His former landlord and employer, Paul Dragan, nearly lost his life after he was shot in the chest at point-blank range while sitting on the patio of a Yaletown Starbucks. He went into cardiac arrest and lost nearly three-quarters of his blood.
First responders said he only survived because medical professionals nearby rushed to help him at the scene. He spent six days in a coma.
Dragan said he still has panic attacks, and is constantly in pain and discomfort. He said he now avoids watching the news if there's anything involving police or shootings. His son, who was 12 at the time, and his wife are also afraid.
"I am fearful he will harm me again... His heinous act of violence has forever changed my life," Dragan said.
Battersby was a seasonal worker at Dragan's cycling shop, assembling 10 to 15 bicycles a day. He and his autistic brother moved into the basement of a rental home owned by Dragan, but their relationship soured after Battersby had a falling out with another tenant who stole his food.
The bike shop worker was eventually asked to leave the residence, and Crown counsel argued that was his motivation to kill Dragan, as well as his wife, and the other tenant in the home.
Surveillance footage played in court Friday captures the daytime shooting and the melee that ensued.
Battersby is seen riding through Yaletown on a bicycle, doubling back several times. The Crown argues this shows that Battersby was lying in wait, stalking Dragan before the shooting.
Footage taken from a condo tower on Marinaside Crescent shows Battersby stop outside the coffee shop, before backing away and opening fire. A window is shattered in the process. Moments later, homicide investigators, who happened to be there getting coffee, start to chase Battersby.
His lawyer, Brock Martland, says his client may not have realized the plainclothes officers were VPD members, and he "did not set out that day to go after police."
But Crown counsel argues Battersby has shown "the opposite of remorse" and hopes he's locked up long enough that he will be too old to be a danger to the public when he is released.
Lawyers are calling for 11 years in prison for the attempted murder of Dragan, and another seven years for the attempted murder of the officers. Minus the time-and-a-half credit for time served, the sentence would sit at 14-and-a-half years.
“This rage-induced vendetta was fueled by misplaced grievances and misdirected blame," Crown lawyer Henry Reiner told the court, adding he believes the shooter is a "clear and present danger."
Martland said there is hope the 63-year-old can be rehabilitated.
Battersby was previously a singer, drummer, journalist and professional photographer, he added.
Sentencing will be handed down on October 21. The presiding judge says he wants extra time to consider the facts and weigh the seriousness of the offences.
Dragan told reporters he’s satisfied for what the Crown and defense is asking for.
“I don’t know if I can ever be 100 percent happy with any sentence, unless it was life in prison forever,” Dragan told reporters Friday.
