Richmond, B.C., shooting victim gets 5-year sentence; whoever shot him remains at large
A 2019 shooting outside a mall in Richmond has led to a five-year prison sentence for the victim, while the perpetrator has not been caught.
Robert James Patrick Kinnear was shot outside a mall in Richmond on July 29, 2019, according to a sentencing decision in his case, which was issued earlier this month and posted online Wednesday.
While the decision doesn't specify the exact location where the shooting occurred, CTV News covered what police described at the time as a "targeted" shooting outside the Tim Hortons at CF Richmond Centre on that date.
Richmond RCMP confirmed to CTV News on Thursday that, to date, "no suspects have been identified and this incident remains unsolved."
According to Judge Reginald Harris' decision, police found Kinnear suffering from "multiple gunshot wounds."
"Officers attempted to provide Mr. Kinnear with medical attention and in doing so they tried to lower his pants and underwear," Harris wrote. "Mr. Kinnear resisted these efforts explaining he did not want to be exposed in public."
He was taken to Vancouver General Hospital, where his underwear were eventually lowered and the doctor treating him found a handgun, according to the decision.
"The barrel of the gun was in his buttocks and pointed upward toward his torso while the handle was pointed forward toward Mr. Kinnear’s testicles," Harris wrote.
The decision indicates that police seized the weapon, which they found was loaded with eight, nine-millimetre hollow point bullets, though the chamber did not have a bullet inside.
"Further examination of the firearm determined that it was a nine-millimetre Polymer 80 model PF940C semi-automatic partially made from a kit and without a serial number," Harris wrote. "At the time of the offence, Mr. Kinnear was bound by five lifetime prohibitions prohibiting him from possessing firearms."
THE SENTENCE
Kinnear pleaded guilty to possessing a restricted firearm. He told the court, through his lawyer, that he brought the weapon with him when going to meet with a man who had offered him money "as an apparent gesture of goodwill and willingness to resolve their differences."
"Despite being fearful of the man, Mr. Kinnear agreed to meet him," Harris wrote in his decision.
"However, and as a measure of protection, Mr. Kinnear brought the firearm with him."
Harris viewed Kinnear's assertion that the firearm was for protection as an indication that he was willing to use it, and noted in his analysis of the case that the presence of a loaded weapon in a public place creates "extreme" risks to everyone present in that space.
"Mr. Kinnear’s offence requires a sentence that denounces, deters and protects the public," Harris wrote. "Gun violence continues to increase throughout this province and all, including the courts, must respond with a view to protect the public. The sentence I impose must reflect this and reflect the seriousness of Mr. Kinnear’s conduct. Simply, his offence posed a serious threat to the community in that he brought a loaded gun to a meeting in a public location and he was prepared to use it to protect himself."
Both the Crown and Kinnear's defence agreed that a prison sentence was warranted, but they differed on how long it should be. Crown asked Harris to impose a five-year sentence, while the defence asked for three years.
The judge opted for the longer term, sentencing Kinnear to five years behind bars, with credit for nine months of time already spent in custody, leaving him with four years and three months left to serve.
Harris also ordered Kinnear to submit a DNA sample and imposed another lifetime ban on possessing firearms.
CTVNews.ca Top Stories
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.