Linda Lorraine Howe has been found guilty of attempting to kill Christenson Village manager Kenn Perrier.
Judge Francis Cole delivered the judgement along with six other guilty rulings in B.C. Supreme Court in Vancouver Monday morning, ending a trial that has gone on for almost six months.
In his written ruling, Cole said he was satisfied beyond a reasonable doubt that Howe carefully planned to shoot Perrier on March 31, 2009 as Howe was about to be evicted from Christenson Village. Howe was facing eviction after months of showing increasingly threatening behaviour and refusing to keep her suite free of fire hazards.
Going over the facts of the case, Cole noted that when Perrier first knocked on Howe's door she called out "hang on" while she prepared herself and pointed a .303 Lee Enfield rifle at the door.
Video evidence from Howe's own surveillance system showed Perrier opening the door and Howe firing as soon as he entered the room. The bullet hit Perrier in the arm, entered his abdomen and finally lodged in his back.
"I am satisfied that the accused calmly and deliberately used a high-powered rifle at close range in pointing it at the abdomen of Mr. Perrier. The injuries suffered by him had the potential to cause his death."
Cole rejected the argument of Howe's defence lawyer Jim Bahen that Howe did not intend to kill Perrier, noting that at such close range, any shot from any type of gun could be fatal.
Cole also rejected Bahen's assertions that Howe had been drinking at the time leading up to the shooting, calling into question her state of mind and whether she was capable of intent to kill. Cole noted that every witness to testify said Howe did not have alcohol on her breath and appeared sober and calm throughout the incident.
Howe, however, was found not guilty on the two charges of attempted murder in relation to firing at Christenson Village employees Pat Barber and Liz Dutton as the two ran out of the building.
Cole said he was not satisfied beyond a reasonable doubt that Howe intended to kill Barber and Dutton, given that witness testimony and video evidence of the shooting showed that Howe never sighted the rifle at Barber or Dutton. He said, instead, Howe's actions were consistent with trying to scare the two care home employees.
Cole also found Howe guilty on the charge of armed robbery related to the carjacking of delivery driver Spencer Williams' car as Howe attempted to escape the care home.
Cole judged Howe guilty on three counts of pointing a firearm at Dutton, Barber and Williams and one count of using a firearm in the commission of an offence.
Howe previously pleaded guilty to three firearms offences including unauthorized possession of firearms and possession of a restricted firearm.
Howe appeared chipper when she was first wheeled in front of the video link camera at Surrey Pre-trial Centre, but as Cole began reading out the accepted facts of the case, she put her head down and covered her face with her hand. She remained that way throughout the rest of Cole's ruling.
Cole said plainly that he does not want to see Howe sent to a facility where she will not be able to receive appropriate treatment but said he must balance that with the need to protect public safety in his sentencing.
Crown counsel Simone McCallum pointed out for the court that under recent changes to the criminal code, a conviction of use of a firearm in the commission of an offence carries with it a mandatory minimum prison sentence of four years.
Cole ordered a psychological assessment of Howe and a pre-sentence report, which typically take four to six weeks. Crown and defence are expected to make their pre-sentence submissions on Nov. 26.
