Prosecution, defence ‘a ways apart’ on sentencing for Nanaimo road rage shooting

Defence attorney Jordan Watt campaigned for a two year non-custodial sentence, followed by three years probation.

Police closed a small section of Northfield Rd., at Boxwood Rd., for several hours to conduct their investigation. (File photo/NanaimoNewsNOW)

Agreed Statement of Facts
BC Supreme Court Justice Robin Baird heard Rahiman, 44 at the time, along with the victim were travelling northbound on the Nanaimo Parkway just after 12:30 p.m.

The victim, then-18 years old, was observed driving erratically at points, braking repeatedly, in the outside travelling lane.

Crown counsel’s Nick Barber told court Rahiman then passed two drivers, including the victim, on the Parkway’s right-hand shoulder, prompting the victim to flip his middle finger to Rahiman.

All three vehicles then turned onto Northfield Rd. and came to a stop at the Boxwood Rd. traffic lights.

Tensions quickly escalated to violence.

“While stopped at the intersection, [the victim] pulled his vehicle from behind Mr. Rahiman. Mr. Rahiman then existed his vehicle and begun punching and kicking [the victim’s] vehicle. [The victim] then reversed his vehicle, forcing Mr. Rahiman to get out of the way.”

Barber said Rahiman was witnessed pulling a nine millimetre handgun out and firing two shots into the victim’s vehicle.

One bullet went through the front passenger window and lodged into a wheel and tire stored on the passenger seat.

The other bullet went through the passenger’s door.

The wheel potentially saved the victim’s life.

No injuries resulted from the stunning daytime incident in full view of multiple witnesses.

The driver of the third vehicle served as a key witness for police.

“The shooting was observed by several citizens at the intersection…and photographed Mr. Rahiman as he was putting the nine-millimetre gun back into his pants,” Barber added.

Nanaimo RCMP compile evidence following a shooting which a rural Ladysmith area man eventually pleaded guilty to. (File photo/NanaimoNewsNOW)

Using on-scene, including witness photos and statements, Nanaimo RCMP tracked Rahiman’s Jeep to the Cedar area around 45 minutes after the shooting.

Barber told court further weapons were recovered from Rahiman’s vehicle, which his lawyer confirmed was an attempt to get rid of incriminating evidence.

“A search of Mr Rahiman’s Jeep located a blue flannel blanket which had two assault rifles along with a box of nine millimetre ammunition wrapped inside. Both of the assault rifles were unloaded and secured with trigger barrel locks. The box of ammunition was found to contain 239 rounds,” the Crown’s Barber told court.

He added a loaded handgun was also located in the vehicle, “positioned in such a way that a person from the driver’s seat could reach it.”

Eight rounds were in the 10-round chamber, according to Barber.

Mounties then conducted a search of a Henry Roethel Rd. home in rural Ladysmith, southeast of Nanaimo Airport, where around 300 rounds of 5.56 ammunition, typically used in rifles, were found along with a single round of nine millimetre ammunition.

All the items were inside a locked gun safe.

The home is owned by Rahiman’s parents.

Barber said it appears the firearms belonged to Rahiman’s father.

“Mr. Rahiman was driving around with a loaded handgun in his pants and this is exactly why there needs to be a deterrent sentence. When you carry a nine millimetre loaded gun around, you’re planning to use it and that’s what he did. That’s not only a danger not just to [the victim]…but anybody really.”

A victim impact statement read into the record by Barber said the incident had made the victim “more paranoid about being out in public” and he was “sad and angry”, while also fearing for his life.

Rahiman’s defence
High profile criminal defence attorney Jordan Watt outlined Rahiman’s high school-level education and a career spent in the petroleum industry.

He highlighted a lack of mental health or addiction issues for his client, who had a good upbringing in a supportive household growing up in the Lower Mainland.

Watt said Rahiman is taking counselling to deal with anger management and impulse control issues.

“Mr Rahiman acknowledges that his offences are very, very serious. He realizes that he should have never been driving around with a nine millimetre handgun. He understands that he never should have reacted in the way that he did and that he is fortunate…that something more drastic did not occur.”

Watt said his client did not produce the weapon until the victim backed his vehicle up, something which provoked a reaction from Rahiman.

“It is important that there was some provocation to this reaction and why that’s important to consider…is that this was not a planned or pre-meditated shooting. This was a reaction…and impulsive. After the two shots were fired, there was no further engagement.”

Rahiman panicked after the incident, called police to falsely report his license plate had been stolen, then returned home where he intended to get rid of the remaining firearms, Watt told court.

Police arrested Rahiman before disposal could occur, something Watt called “fortunate”, adding Rahiman was completely cooperative with investigators upon his arrest.

He also outlined the fact Rahiman is making a guilty plea, coupled with the fact the incident was not pre-meditated, and he has strong family support and employment lined up after his sentence, should all serve as mitigating factors.

Rahiman spent 102 days in custody, and will be credited for 153 days of time served against any potential jail sentence.

The remainder of his time awaiting a court date was under house arrest.

Rahiman’s guilty pleas were late ones, cancelling a pending trial.

His case was destined for a 10-day trial following a series of pretrial motions.

Rahiman’s parents, who are attending the court proceedings, put up a $1 million surety in order to obtain bail, which was approved a little over two years ago.

Veteran BC Supreme Court Justice Robin Baird called Rahiman’s moral blameworthiness in this case “very, very high.”

The judge voiced his concerns about a non-custodial sentence, calling the request, given the circumstances, “a very significant ask.”

“It’s a degree of culpability that is very high,” justice Baird said just prior to the lunch break.

Sentencing arguments continued Tuesday afternoon, while it’s not known when the judge will render his decision.

A February 2023 road rage incident turned violent when a handgun was pulled out and fired into a vehicle. (File photo/NanaimoNewsNOW)

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by NanaimoNewsNOW Staff

Prosecution, defence ‘a ways apart’ on sentencing for Nanaimo road rage shooting

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