Man pleads guilty to shooting ex-boss in Yaletown in 2014
Crown seeks 18 years for attempted murder, shootout with police officers
The prosecution is seeking an 18year prison term for a man who pleaded guilty Thursday to shooting Vancouver bike shop owner Paul Dragan nearly two years ago.
Gerald Battersby, 63, a former employee of Dragan, pleaded guilty to five criminal counts — attempting to murder Dragan, attempting to murder two police officers he engaged in a shootout, reckless discharge of a firearm and possession of a loaded, prohibited firearm without a licence.
Crown counsel Hank Reiner said Battersby became angry and resentful after Dragan forced him to move out of a Vancouver home that Dragan had been renting and formerly lived in.
Battersby, a seasonal employee with the bike company, got into a conflict with a friend of Dragan who was also living in the home and had some personality quirks that Battersby took exception to.
Dragan held meetings to try to resolve the difficulties but ultimately told Battersby to move out.
The accused ended up homeless and living in a shelter and his anger and resentment began escalating over time.
On the day of the shooting in June 2014, Battersby was stalking Dragan, waiting for him outside a Starbucks coffee shop across the street from one of the bike shops at the foot of Davie in Yaletown.
Dragan, who does not recall the shooting, was sitting at a table with his general manager when Battersby suddenly showed up.
The manager later told police that Battersby said, “You’ve screwed me,” several times before opening fire at point-blank range and shooting Dragan once in the chest. Dragan then said, “Gerry, you’ve shot me,” before falling to the ground.
Two plainclothes police officers, members of the Vancouver police homicide squad, just coincidentally happened to arrive at the time of the shooting and engaged in a shootout with Battersby, who fled by bicycle.
As Battersby fled on his bike, he fired blindly behind him at the police as they pursued him.
At Science World on the east end of False Creek, Battersby engaged in another shootout with police. He fired a shot that shattered the window of a police vehicle, injuring a police officer in the face and trapping her in the vehicle.
When another police officer ran out of ammunition after firing 13 shots, Battersby pursued him around a police vehicle but was himself shot.
In his submissions, Reiner told B.C. Supreme Court Justice Bruce Butler that Battersby should get a global sentence of 18 years in prison, reduced to 14 ½ years after giving him credit for pre-sentence custody.
Reiner told the judge that given Battersby’s attitude and mentality and his potential ongoing dangerousness, he should have to serve half of his imposed sentence before being eligible to apply for parole.
Reiner’s submissions were part of a joint submission by the Crown and defence on sentencing.
Dragan, who attended court Thursday, read out a victim impact statement from himself and his wife Ericka.
He said being shot through the chest and almost losing his life had been the “most traumatic” event of his life and added he had endured tremendous physical and emotional trauma from the shooting, which he called an “attempted assassination.”
“Mr. Battersby’s heinous acts of violence against me have forever changed my life, robbing me, my wife and my son of the quality of life we have worked hard for and cherished. His brutal actions stole my son’s childhood innocence and trust in the world.”
The sentencing hearing is expected to continue Friday with submissions from Brock Martland, a lawyer for Battersby.
Mr. Battersby’s heinous acts of violence against me have forever changed my life, robbing me, my wife and my son of the quality of life we have worked hard for and cherished.