Man who shot former employer gets 18 years
‘Violent, unprovoked’ attack at café was premeditated, judge says
The man who pleaded guilty to the brazen shooting of Vancouver bike-shop owner Paul Dragan in June 2014 has been sentenced to 18 years in prison.
In imposing a sentence on Gerald Battersby on Friday in Vancouver, B.C. Supreme Court Justice Bruce Butler accepted a joint submission from the Crown and defence.
After receiving credit for presentence custody, Battersby, 63, will have 14½ years of jail time to serve.
Offenders normally must serve one-third of their sentence before they can apply for parole, but the judge ordered Battersby to serve half of his sentence before he can be eligible for release after finding the violence committed was gratuitous and there was a need to protect the public.
Court heard that Battersby, a former employee of Dragan, was motivated by a misplaced grievance toward his boss when he tracked him down to a coffee shop in Yaletown and shot him in the chest at point-blank range, a shooting that shocked the public.
After the encounter with Dragan, Battersby engaged in a shootout with two plainclothes police officers who happened to be nearby.
He then fled on his bicycle to Science World, where he was shot during a second confrontation with Vancouver police.
The judge said Battersby’s actions amounted to a “violent, unprovoked and unexpected attack” on Dragan and put the lives of police officers at risk.
“The acts were exceedingly violent. However, the acts were not committed in the heat of the moment. Mr. Battersby invested a considerable amount of time in planning and preparation in his attempt to kill Mr. Dragan.
“If he had succeeded, he would undoubtedly have faced a firstdegree murder charge.”
Battersby, who pleaded guilty to three counts of attempted murder and two firearms offences in connection with the shooting, had little reaction to the sentence as he sat in the prisoner’s dock in court.
Dragan, the owner of Reckless Bike Stores, said outside court he was relieved the case was over and “very pleased” the judge accepted the joint submission.
He told reporters he was also relieved for the public because he believed Battersby was a “dangerous” man and shouldn’t be on the streets.
“I think justice has been done. I’m happy with the sentence. It closes a chapter in our lives and allows us to move forward.”
Dragan, who went into cardiac arrest after being shot and lost three-quarters of his blood, said he remains fearful of Battersby and was glad that in addition to the sentence, the judge ordered the accused have no contact with the victim or his family.
He said he was “extremely proud” and grateful of the actions of police and was also grateful to the medical and justice systems. Crown counsel Hank Reiner said he was also pleased the judge accepted the joint submission.
“I know we have gang violence, but to have some random aggrieved person just start shooting people and getting in gun battles with police, that just doesn’t happen in Vancouver.”
Brock Martland, a lawyer for Battersby, said it was a “very difficult” case and a lot of work went into reaching the joint submission.
He said he didn’t have too much to say on behalf of his client, but added it was a “good thing” to have the process come to a conclusion.
If he had succeeded, he would undoubtedly have faced a first-degree murder charge.