
A man who participated in a drug-related fatal shooting at a Vancouver apartment was sentenced Friday to seven years in jail.
In December, Cody David Stuiver, 25, pleaded guilty to the Jan. 30, 2016, manslaughter of Christopher Kwik, 40, at a “drug shop” on Granville Street.
His co-accused, Gage McPake, earlier pleaded guilty to manslaughter and was sentenced to 10 years in prison. Both men had initially been charged with second-degree murder.
In the weeks before the shooting, Stuiver and McPake, who operated a drug-trafficking enterprise, had purchased a .44 Magnum revolver for $2,000 and some drugs for the purpose of intimidating others.
Just before the slaying, they were angry and believed they had been ripped off by the occupants of the drug shop at 2425 Granville St.
On the day of the shooting, McPake brought the handgun along with him while Stuiver armed himself with a can of mace. They intended to rob the shop.
When they entered the store, McPake fired one round from the weapon at Kwik, who was working at the shop. Kwik died at the scene of a single bullet wound to the chest.
In imposing sentence, B.C. Supreme Court Justice Joyce DeWitt-Van Oosten noted that while Stuiver didn’t hold the gun that killed Kwik and did not intend for Kwik to be shot, his moral blameworthiness was nonetheless substantial.
“He was an active participant in conduct involving a weapon that carried an obvious risk of serious bodily harm while knowing that he was subject to a court order prohibiting him from possessing firearms or ammunition,” said the judge. “The handgun and ammunition were later found in the apartment that Mr. Stuiver shared with Mr. McPake.”
The shooting itself was spontaneous but occurred as part of a jointly shared objective of retaliation and gain for the acquisition of illicit substances, added the judge.
Crown counsel Michael Barrenger had argued for a sentence of seven years in prison while defence lawyer Glen Orris called for a sentence of six years in jail.
Before being sentenced Stuiver provided a letter for the court that was read into the record by Orris.
Stuiver apologized to the family and friends of Kwik and “all those impacted” by the loss.
“I know I can’t say anything that will take away the pain that you feel,” said his letter. “There is no justifying what has happened here. I am truly sorry for my actions and callous disregard for another human being.”
Stuiver, who has taken a number of courses in prison aimed at helping rehabilitate himself, said that at the time of the offence he had long suffered from addictions and inner turmoil, and was working to improve himself.
“I will always carry with me the memory of what has happened and the people who have been hurt the most. After today I hope that you may feel a sort of closure in knowing that justice for Christopher has finally been served,” the letter read.
After receiving credit for pre-sentence custody, Stuiver will have a little over four years to serve out his sentence.