Richmond, B.C., shooting victim gets 5-year sentence; whoever shot him remains at large

A portion of the Richmond Centre parking lot is taped off late Monday, July 29, 2019. (Jordan Jiang / CTV News Vancouver)

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.