A man who fired up to 19 shots at an RCMP detachment in Vanderhoof, B.C., three years ago, has had his 10-year prison sentence cut in half on appeal.
On Nov. 25, 2021, then 36-year-old Paul Nicholas Russell fired multiple rounds with his rifle at the detachment’s windows and at unoccupied police vehicles parked outside, prompting an active shooter alert in the district of just over 4,300 residents.
After the shooting, Russell drove away and was pursued by the police for several kilometres before he stopped.
While Russell was acquitted of attempted murder charges at trial, B.C. Supreme Court Justice Francesca Marzari convicted him of reckless discharge of a firearm, possession of a weapon for a dangerous purpose, careless use of a firearm, flight from a peace officer, mischief causing danger to life and mischief over $5,000.
According to an Oct. 22, 2024 British Columbia Court of Appeal judgment, there was evidence Russell had experienced psychotic episodes and had been hospitalized twice in the weeks leading up to the shooting.
Russell appealed his sentence on two grounds stating the judge “erred in her assessment of the appellant’s mental illness,” and imposed a “crushing sentence on this first-time offender and erred by placing too much weight on denunciation and deterrence and insufficient weight on mitigating factors including the appellant’s mental illness, rehabilitation, and lack of criminal record.”
Get daily National news
Get the day’s top news, political, economic, and current affairs headlines, delivered to your inbox once a day.
Appeal court Justice Janet Winteringham agreed, stating “eight and a half years for the reckless discharge of a firearm and mischief endangering life plus one and a half years for the police pursuit resulted in a total sentence that was ‘demonstrably unfit.’”
The union which represents 20,000 RCMP officers across Canada said the appeal decision sends a horrible message to the public.
“This is a slap in the face to all of us,” Jeff Swann with the National Police Federation told Global News.
“This is high-powered rounds that take people’s lives and the verdict is insulting. It’s unfathomable given the current environment that our police officers face.”
Winteringham found the trial judge made two errors when she determined Russell’s sentence.
“First, having found that the appellant’s moral culpability was attenuated by mental illness, she failed to provide sufficient weight to this mitigating factor,” read the appeal judgment.
“Second, she fell into error when she ‘set the upper range for this charge at closer to 10 years’ and not five to six years as expressed in [case law].”
“It’s just so sad that a judge can come out and make a sweeping statement that errs what another judge had said,” Swann said Thurs.
“It’s just wrong.”
With his sentence now reduced to four years for reckless discharge, mischief endangering life – and one year to be served consecutively for the police pursuit for a total of five years – the National Police Federation said Russell could qualify for parole within two years.
“I can’t imagine that someone’s going to be released in just a few short months from now after nearly taking the lives of many, many Canadian police officers and citizens that work in that building,” said Swann.