The Vanderhoof man who fired multiple shots at the RCMP detachment on Columbia Street in 2021 has had his 10-year prison sentence reduced to five years by judges in the BC Court of Appeal.
Paul Nicholas Russell, 38, was convicted in June 2023 on charges including reckless discharge of a weapon, possession of a weapon for dangerous purposes, careless storage of a firearm, and fleeing police.
The incident occurred on November 25, 2021, when Russell opened fire at police cruisers and the walls and windows of the Vanderhoof RCMP detachment from various locations before fleeing in a pickup truck. The shooting prompted an emergency alert, advising residents to stay indoors and lock their doors. Russell was arrested after a brief pursuit outside a Kal Tire store.
One shot fired narrowly missed commanding officer Sgt. Kyle Ushock, leading to a charge of attempted murder with a firearm.
During the trial, Crown prosecutors argued that Russell intended to kill the officers, but B.C. Supreme Court Justice Francesca Marzari found him not guilty on June 23, 2023, stating she was not satisfied beyond a reasonable doubt that he intended to kill anyone, as no one was visible where the bullet struck.
On October 22, 2024, Russell appealed the verdict, and the judges considered his mental health in their decision. They noted that Russell, a first-time offender, had experienced psychotic episodes leading up to the offences.
Russell's lawyers argued that the presiding trial judge made two significant errors back in June 2023 in determining the sentence, which are, not giving enough consideration to mitigating factors such as the appellant's mental health, and imposing a sentence that was clearly unfit.
The appeal court agreed to certain aspects of the arguments presented stating that the judge made two principal errors, which were, not adequately considering the impact of the appellant's mental health on his moral culpability, and setting a sentence at an "upper range" based on an incorrect assessment of proportionality.
Justice Winteringham, on behalf of the appeal court, granted Russell’s request to appeal and reduced the sentence to five years: four years for reckless discharge of a firearm and four years for mischief endangering life, served concurrently, plus an additional year for fleeing from a police officer. The sentence starts from the original date of November 7, 2023, with credit for pre-trial custody, and all other orders remain in effect.
