Vancouver man found guilty in 2020 assault of Black security guard in Gastown

Water Street in Gastown is seen on April 16, 2022. (CTV)

A 38-year-old man has been found guilty of assaulting a Black security guard in Vancouver nearly two years ago.

The Crown proved beyond a reasonable doubt that Richard Lewis MacKie is the person who punched Michael Owusu-Baffour in the face on Jan. 24, 2020, according to a recent B.C. Provincial Court ruling.

“I also find as a fact that Mr. MacKie punched Mr. Owusu-Baffour without any provocation. He did so after making derogatory racist statements to him,” Judge Robin McQuillan wrote in his decision.

 

ORIGIN OF ASSAULT

Two years ago, Owusu-Baffour was an employee of Paladin Security and stationed in Gastown, according to the ruling.

On the afternoon of the assault, the decision explains that Owusu-Baffour and his security partner attended a store on Water Street called Poppy and Rye, which is connected to a separate store downstairs called House of McLaren.

The ruling states a staff member called security around 4 p.m. over a man who was blasting loud music from a device and refused to leave when asked.

Upon arrival, Owusu-Baffour saw a man yelling and pacing in the store who “was subsequently identified as Mr. MacKie,” according to the decision.

“He said that the individual seemed angry and was being aggressive towards a store employee,” McQuillan wrote in his decision, adding that Owusu-Baffour is trained in de-escalation and attempted to calm MacKie down.

In response, MacKie replied with a racist remark, which the decision explains Owusu-Baffour ignored.

 

RACIST REMARKS PRECEDE PUNCHES

According to the decision, the situation escalated when MacKie turned his anger towards a staff member “who happened to have a foreign accent” after she said he was holding a key chain that he hadn’t paid for.

Multiple witnesses testified hearing Mackie call the woman “trash” and use racial slurs towards Owusu-Baffour.

When security called the Vancouver Police Department, the ruling explains Mackie became even more aggressive.

“Mr. Owusu-Baffour put up his hands to keep Mr. MacKie away from him, and told him to back off as he was making him uncomfortable. Mr. MacKie continued to move towards him while Mr. Owusu-Baffour backed away until his back was against a clothing rack and a building support pillar,” McQuillan wrote.

As soon as Owusu-Baffour lowered his hands and looked away, Jackie punched him in the mouth so hard it caused his upper lip to bleed from inside, the decision states.

Owusu-Baffour punched him back and MacKie fell to the floor and was arrested shortly after, the ruling reads.

 

SECURITY GUARD SUPPORTED BY WITNESS TESTIMONY

Security video of the incident was accidentally overwritten before police could collect it as evidence, though the responding officer did have time to review the footage inside the store prior to its loss.

Testimony by Owusu-Baffour, three civilian witnesses and a police officer supported the series of events outlined in the ruling — all of which were disputed by MacKie, who represented himself in court.

“All three of those witnesses describe Mr. Owusu-Baffour as being calm throughout despite being called extremely derogatory names by Mr. MacKie, without any provocation,” McQuillan wrote in his decision.

Mackie, on the other hand claimed the allegations against him weren’t true and objected to the claims being tried in court since video evidence was lost.

“Mr. MacKie was most fixated on the date of the incident as being incorrect, asserting that the incident occurred in 2018 or 2019, and not 2020,” reads the decision. “He said that he would not have struck Mr. Owusu-Baffour because he is not a fighter.”

 

NO STRANGER TO B.C. COURTS

Court documents show Richard Lewis MacKie has fought with a police officer in the past.

He was found guilty for assaulting a peace officer on Dec. 18, 2017, and was sentenced to one year probation.

According to B.C.’s Court Services Online, MacKie was born in 1985 and his first criminal charge was in November 2005, when he was found guilty for mischief $5,000 or under. The charges laid against him since include theft $5,000 or under, trafficking in controlled substance, possession or use of a stolen credit card and assault.

“Mr. MacKie refused to answer any questions regarding his criminal record despite being assured by the court that his record could only have relevance if it related to his honesty, and not as showing a propensity to commit a crime,” McQuillan wrote.

The 38-year-old is next scheduled to appear in court for sentencing on Feb. 24 at 9 a.m.