Crown prosecution is seeking additional time for the last of three men facing sentencing for a drug-related double murder and attempted murder.
Perry Andrew Charlie could find himself serving at least 16 years before becoming eligible for parole if B.C. Supreme Court Justice Marguerite Church agrees with the position taken by Crown counsel Marie Louise Ahrens during a hearing Wednesday at the Prince George courthouse.
Co-accused Seaver Tye Miller and Joshua Steven West were respectively sentenced to serve 15 and 13 years before they can apply for parole for the Jan. 25, 2017 incident in which David Laurin Franks and Thomas Burt Reed were shot to death in their car at a pullout alongside Foothills Boulevard.
Bradley William Knight, who dove onto the back seat floor of the car, was badly injured but survived the attack. Reed's Shih Tzu dog, Molly, was also killed in the shooting.
They had driven to the spot to sell some cocaine but only to see the trio pile out of a minivan and open fire with shotguns.
Miller and West each pleaded guilty to two counts of second-degree murder while a fourth man, Aaron Ryan Moore, pleaded guilty to two counts of criminal negligence causing death and was sentenced to five years less time served. Evidence indicated Moore had also stepped out of the van but was not armed.
As for Charlie, he was found guilty of two counts of second degree murder and one count of attempted murder following a trial that centred on whether he was properly identified as one of the culprits.
Church determined that Charlie was among the shooters but in reaching the verdict of second-degree murder also found Crown failed to prove beyond reasonable doubt that it was a planned act, noting evidence suggesting Franks may have flashed a knife before retreating back into the car as the slugs began to fly.
In seeking an extra year for Charlie above the time Miller received, Ahrens noted that both Miller and West pleaded guilty, thus negating a trial. Ahrens also suggested it was Charlie's idea to bring the guns.
"On the evidence accepted by the court, firearms were taken in and out of this offender's residence on the night in question, the inference being that he supplied or perfected some or all of the guns or ammunition used in the commission of the offences," Ahrens said.
Conversely, defence counsel Jason LeBlond, who argued the term should be 13 years, noted that there was no indication that Charlie participated in a conversation via text messaging between Miller and West that occurred shortly before the shooting.
It's possible all three could remain behind bars for the rest of their lives, LeBlond said. Whether they will be release on parole will depend on whether they have convinced a parole board panel that they can be safely released back into the community, he told the court.
Church will issue a decision on March 9.
