Story of handgun suddenly appearing is ‘ludicrous,’ prosecutor tells court

A man shot after a car chase in East Vancouver said a gun suddenly appeared in his van before he pointed it at the officer who shot him.

Before the constable fired, Robin Landrew Pryce had already shot at police dog Jade.

Pryce, 53, pleaded guilty to using a firearm to commit an indictable offence, dangerous driving and assaulting a Vancouver Police Department officer.

“You risked other people’s lives in the most serious of ways,” Vancouver provincial court Judge Patrick Doherty said as he sentenced Pryce to five years in prison less 16 months credit for time already served. “The facts are troubling, alarming,” Doherty said. “He did the ultimate threatening act of pointing a loaded firearm at a police officer.”

After viewing videos of what happened, the judge said, “they’re horrific to watch.”

Court heard the situation began July 16 when police received a report of a possible break-andenter in progress at 323 Alexander St., in the Downtown Eastside, involving a white van. The van was spotted with a balding man in his 40s or 50s, later identified as Pryce, at the wheel.

Crown prosecutor Aaron McCabe said police attempted to pull the van over but it did not stop, picking up speed as it moved east on East Hastings. The chase was called off when the van turned right onto Clark Drive.

The van was soon spotted again and Const. Jesse Schellenberg attempted to stop it. The officer blocked the van, leaving only reversing as an option.

The van reversed and began swerving, hitting parked cars and causing $27,000 damage.

At one point, a cyclist had to jump out of the van’s way.

Schellenberg feared for the safety of pedestrians, court heard.

The van then shot into an alley, hit a retaining wall and struck another car with two people inside. Schellenberg drove his patrol car into the van, blocking it.

Other police officers arrived and further blocked the van.

Schellenberg went to the van with police dog Jade and told Pryce he was under arrest. At that point, McCabe said, Pryce reached behind him and produced a loaded .357 Magnum.

Schellenberg jumped out of the way but Jade went for Pryce’s foot.

“Pryce turned the gun on the dog and fired,” McCabe said. “Thankfully, it just grazed the dog’s ear causing a slight burn.”

Schellenberg then fired, hitting Pryce three times in the abdomen, thigh and right forearm.

McCabe said the van was borrowed and Pryce did not have a valid driver’s licence.

Court heard Pryce had a dog with him in the van, which contained “a copious amount of drugs,” including fentanyl and crystal methamphetamine.”

“He reverted to a position that had absolutely no regard for human life and recklessly put at risk people who use the streets of East Vancouver,” Judge Doherty said.

Pryce’s lawyer, David Forsythe, said Pryce had nothing to do with a break-and-enter. “It would seem unusual to take a dog to a break-and-enter,” he said.

When Schellenberg’s patrol car hit the van, “it dislodged something from behind the dashboard,” he said.

“The fact that it’s a gun that is dislodged is not known to [Pryce] until seconds before the incident,” Forsythe said. “It is the first time he laid eyes on the loaded .357 Magnum.”

He said the gun discharged after which Pryce raised his hands. “He had the chance to shoot the officer and he did not take that choice,” Forsythe said. “He aimed instead at an attacking dog.”

McCabe called the story “ludicrous” citing video played in court.

“His hands are never in the air,” McCabe said, noting the gun remained in Pryce’s hands until it was released after shots were fired.

The defence said the van was borrowed from a man who said many people used it. The owner said he frequently found drugs not belonging to Pryce in the vehicle.

Forsythe presented many supportive references for his client, who sat in court in a wheelchair, his arm in a sling; the references praised Pryce for his kindness and generosity, particularly to those facing challenges.