The second person charged in a shootout in Balmoral Heights in 2013 received the same sentence as his accomplice, time served.
Joshua Aaron Cusler, 29, of Port Coquitlam, B.C., pleaded guilty to aggravated assault while using a firearm and breaching his recognizance.
He was charged in connection with the shooting that left all three parties involved injured. Cusler took two bullets to his wrist and groin, fired from a 9mm handgun.
Bradley Alexander Voykin, 26, of Vancouver was shot in the chest by a 12-gauge shotgun and Robin Stewart was shot in the leg by the same shotgun.
Voykin and Cusler had been attending a party at Stewart’s residence, located in Balmoral Heights east of Red Deer on March 18, 2013.
By midnight the party had died down and Stewart went to bed. He was awoken to a noise from his rec room and went to investigate.
He saw Voykin and Cusler attempting to take items.
A gun battle ensued.
Crown Prosecutor Ed Ring said it was unclear who shot who, but entered the resulting wounds as part of the agreed statement of facts.
After the gun battle, Stewart took cover behind a couch while Voykin and Cusler left the home. Stewart called Teresa Hellwig, who was at the party, to warn her about the two people leaving.
Voykin pointed the shotgun at Hellwig and another man in a car, saying they needed to get to the hospital. Cusler and Voykin left in a car.
Justice Bill Hopkins sentenced Cusler to 21 months of custody. Cusler has 21 months of pre-sentence custody credit, meaning the sentence in effect was time served. Voykin was sentenced to 19-and-a-half months, also time served for him.
Ring said the plea arrangement came about because of admitted weaknesses in the Crown’s case and delays in the court proceedings. He said inconsistent testimony and witnesses either reluctant to participate or not even located were an issue.
Another issue was the potential for a stay of proceedings due to the length of time it took to get to trial. Preliminary hearings start on May 5, 2014 and concluded more than a year later on Aug. 31, 2015. This left the case vulnerable to defence motions around trial delays.
Defence counsel Nicole Sissons said the delays were all at the Crown’s request.
Hopkins also sentenced Cusler to a 10-year weapons prohibition and an order to provide a sample of his DNA.
Police arrested the two in the early morning hours of March 19, 2013 following a vehicle collision in Northwood Estates in Red Deer.
mcrawford@www.reddeeradvocate.com