Failed hitman to testify at Bacon trial: Crown

VANCOUVER — Jamie Bacon ordered the New Year’s Eve hit on a close friend in 2008 because he was concerned his drug trade associate was using oxycontin, “having relationships with young girls” and not focused on their joint business, B.C. Supreme Court heard on Monday.

Prosecutor Joe Bellows laid out the Crown’s anticipated evidence in his opening statements at the trial of Bacon, who is charged with unlawfully counselling a would-be hitman to kill Dennis Karbovanec more than a decade ago.

Karbovanec survived the attempt on his life and got himself to Mission Memorial Hospital that night. A nurse who saw him will testify that he yelled “I’ve been shot” as he arrived, Bellows said.

Bellows told jurors in his opening statement that the gunman, identified only as “CD” due to a publication ban, would testify that he agreed to do the shooting because he owed Bacon “many thousands of dollars” for drugs he had purchased.

But Bellows said that CD was “shocked” Bacon wanted to kill Karbovanec as he thought they were “close friends.”

CD met with another Bacon associate dubbed AB, who will also testify about the murder plot, Bellows said.

Both AB and CD “had an extensive involvement in the drug-trafficking trade and that by 2008, both had formed what could be regarded as a working relationship with Mr. Bacon,” Bellows said.

“You will come to know that both AB and CD in 2008 were very serious and were very dangerous criminals. There is no question about that.”

But he also told jurors that he would present other evidence from police officers and civilian witnesses that would corroborate the testimony of the co-operating criminals.

Bellows said CD would testify that he wanted to use his favourite gun — a .40-calibre Glock, but that Bacon insisted that Bacon’s own .45-calibre Glock be used to kill his friend.

Bacon instructed AB and CD to lure Karbovanec out on Dec. 31 by telling him they were all going to rob another drug trafficker.

The group met at Mission Rotary Sports Park, Bellows said, then drove in separate vehicles to the end of a cul-de-sac on Bench Avenue

CD pulled out his gun and fired 10 shots, the Crown said.

“At one point, his Glock jammed and he had to clear it” and live rounds were ejected, Bellows said.

One bullet grazed Karbovanec’s head, while another hit him in the lower back.

“Despite having been shot, he escaped by scrambling down the embankment from Bench Avenue,” Bellows said.

Bellows said there were five people at the shooting — Karbovanec, AB, CD, and associates Edward Felix and Matthew Johnston — but only AB and CD would be called as witnesses.

After Karbovanec fled, so did Johnston, while AB, CD and Felix took off in a car stolen earlier in the day, Bellows said.

Both AB and CD would testify that the car was abandoned in another cul-de-sac at the end of Swift Drive and lit on fire, the Crown said.

The three occupants fled on foot down a pathway as CD tossed the gun and cartridges into Windebank Creek.

Police were later called to the hospital, which made Karbovanec “very upset.” He was wearing a bulletproof vest at the time.

Karbovanec was discharged within hours of the shooting, but had to return on Jan. 19, 2009, to have the bullet from his lower back removed, Bellows said.

CD knew he had “bungled” the shooting and was worried about both the reaction of Bacon and of Karbovanec.

“Mr. Bacon told him that he wasn’t surprised that Mr. CD had missed because he hadn’t done anything like that before,” Bellows said. “Mr. Bacon told CD that he should have walked right up to him and put a bullet in his head.”

Bellows said a Mission mom and her toddler were walking along a pathway about two weeks after the shooting when the child picked up some metal cylinder objects.

He said the items were both the live and spent cartridges used in the shooting.

A rusted-out Glock handgun was found just last year by another child playing in the creek area, Bellows said.

Justice Catherine Wedge is presiding over the trial, which is expected to last 10 weeks.

There are several sweeping publication bans in place.