A Vancouver man was sentenced to time served for his role in a shootout that left three people wounded, two from shotgun blasts.
With the Crown facing witness credibility issues and potentially violating the accused’s right to a speedy trial, a plea deal was struck that ended the two-year, nine-month prosecution of Bradley Alexander Voykin, 26.
Voykin pleaded guilty to aggravated assault, unauthorized possession of a prohibited weapon and pointing a firearm.
Justice Kirk Sisson sentenced Voykin to 19-and-a-half months in custody. He was given credit for serving the entirety of his sentence before the guilty plea.
Voykin and a few other people were partying at a Balmoral Heights residence on March 18, 2013, including the primary resident Robin Stewart. At about midnight the social gathering had ended and Stewart went to bed.
He was awoken to noise from the rec room and went to investigate. He saw Voykin and another individual attempting to take items.
A gun battle ensued.
Though it is unclear who shot who, Voykin took a close range blast to his chest from a 12-gauge shotgun and Stewart took a 12-gauge shotgun blast to his leg. The third individual was shot with a 9-mm handgun in the groin and body.
Voykin and the other man left Stewart and left the house. Stewart called Teresa Hellwig, who was at the party, to warn them about Voykin and the other man. Hellwig was in a car in Stewart’s driveway. Voykin left the residence holding a 12-gauge shotgun, his co-accused had in his hand a strong box.
Voykin pointed the shotgun at Hellwig and said they needed to get to a hospital. Voykin and the other man left in the car.
Crown Prosecutor Ed Ring and defence counsel Andrew Phypers acknowledged the sentence is at the low end of the range for these offences.
Ring said that a lengthy preliminary hearing, which started on May 5, 2014 and concluded on Aug. 31, 2015, left the case vulnerable to defence motions around court delays. He said had the case gone to trial, the defence would have had a strong argument to dismiss due to not being tried in a reasonable time.
The second issue was the reliability of the main witness, the victim in this case. Throughout the lengthy pre-trial period, Ring said his testimony was inconsistent and would have been challenged.
Phypers said none of the delays were the defence’s fault, adding one delay was due the absence of a judge and one scheduled court appearance.
Since the incident, Voykin said he has changed his life. He is now a father and has steady employment as a drywaller in Vancouver.
Joshua Cusler, 29, of Red Deer will enter his pleas later this month on Dec. 17. He accused of being Voykin’s accomplice. He is charged with aggravated assault, extortion, robbery with a firearm and breaching his recognizance.
mcrawford@www.reddeeradvocate.com