He considers both accused good candidates for rehabilitation. And both men expressed remorse for their actions.
Nonetheless, B.C. Supreme Court Justice John Gibb-Carsley sentenced two men to considerable jail time in B.C. Supreme Court in Vernon Monday, April 14, for their roles in planning and pulling off a violent home invasion in Lumby in September 2019.
Edward Coghill, 50, and Stewart Tkachuk, 53, were each sentenced to 11 years on six counts, all to be served concurrent, while Tkachuk was given an extra year by Gibb-Carsley, to be served consecutively, for possessing a firearm while prohibited.
Each man was given credit for time served, so Tkachuk's global sentence is 3,930 days in prison, while Coghill was sentenced to a total of 3,775 days.
The pair were given 11 years for break-and-enter to a house to commit robbery; 11 years concurrent for discharging a firearm with intent to wound; four years concurrent for wearing facemasks with intent to commit and indictable offence; Coghill received four years concurrent and Tkachuk eight years concurrent for a count of unlawful confinement; and each received eight years concurrent for aggravated assault.
Coghill was given one year concurrent for possession of a firearm without being the holder of a licence.
Two counts for each were stayed by Crown counsel.
Each man was given a lifetime firearms ban, a no-contact order with the two victims of the home invasion, and must provide a DNA sample.
"The events of that evening have had a profound effect on many lives," said Gibb-Carsley at the end of the 71-minute sentence hearing. "Mr. Jurica and Ms. Kado (victims) will be undoubtedly forever negatively impacted by your actions. You and your families will continue to suffer because of your actions.
"My hope is that you can find time in custody to focus on sobriety...and I sincerely hope this is the last interaction you each have with the criminal justice system."
Coghill hugged family and friends before being led into custody by a sheriff. Tkachuk appeared in Vernon by video as he is in custody.
Crown counsel had sought jail terms in the range of 16-18 years for both men, while each of the accused's defence lawyers were seeking for a range of eight-to-10 years.
Court heard how, on Sept. 18, 2019, Coghill and Tkachuk entered a Dure Meadow Road home shared by James Jurica and Candace Kado wearing masks and brandishing shotguns. Cannabis was being grown at the property.
The home invasion turned nasty, with both Jurica and Kado suffering gunshot wounds; Jurica to the chest, stomach, and hip.
A scuffle between Jurica and the intruders ensued, during which Kado struck one of the intruders with a baseball bat. The intruders then reloaded and shot again, this time into a wall, and a bullet fragment struck Kado in the chin.
The accused proceeded to beat Jurica with a metal baton after he had stopped resisting. The victims were constrained with zip ties with Tkachuk holding them at gunpoint while Coghill ransacked the house.
The intruders made off with cash, two bicycles, a television, jewelry, and Jurica's truck, which they used as their getaway vehicle. It was found the same morning, abandoned.
Cell phone messages between the accused showed that planning and deliberation went into the home invasion.
Coghill has four prior convictions, including counts of uttering threats and assault causing bodily harm, but he's been off drugs since 2020, a factor that impressed Gibb-Carsley. Coghill has also had no issues while out on bail.
Tkachuk, who suffers with bone cancer, has 15 prior criminal convictions including assault causing bodily harm in 2012 for which he went to prison. He also has convictions under the Controlled Drugs and Substances Act, and Motor Vehicle Act.
Both men, through their council, expressed remorse for their actions on that September 2019 evening, and since both had gotten off drugs, the judge considered the pair good candidates for rehabilitation while in custody.
Gibb-Carsley called Coghill the more aggressive of the two during the event, and that Tkachuk had been nice to Kado by not tying her zip ties as tight as possible, and allowing her to look after the injured Jurica.
"During the home invasion, Ms. Kado acted in a manner that was nothing short of heroic," he said. "She defied her captors' orders not to move in order to tend to the wounds of a very injured Mr. Jurica by getting him towels and something to drink. Her bravery...is remarkable.
"Mr. Jurica also showed great courage in the face of adversity during the home invasion. When the offenders stormed the house, Mr. Jurica attempted to defend himself, Ms.Kado, and his house by rushing at the offenders despite them firing shotguns at him. He attempted to fight and resist Mr. Coghill and Mr. Tkachuk despite being outnumbered and demonstrated bravery in what must have been terrifying circumstances."
Kado did not provide a victim impact statement, but Jurica did.
He told court how his relationship with Kado did not survive the invasion, and he had to leave the place he called his "dream house" because of the attack.
"I've lost so much," Jurica said in his statement. "My sense of self, my dream, my partner...I feel like I died that night."
