Nanaimo property caretaker awaits sentencing for New Year’s Day shooting involving rubber bullets

Sequence of events
During sentencing arguments on Tuesday, Justice Douglas Thompson heard Benvin encountered another man at the facility around 6:30 a.m., which was closed and locked at the time.

An agreed statement of facts, outlined by Crown counsel Jordan Hauschildt and supported by video surveillance footage, showed how the roughly 20-minute interaction between the two occurred.

Benvin told court he woke up around 6 a.m. and noticed someone was in the yard through the network of security cameras on site.

He opted to grab his shotgun, loaded with rubber bullets and equipped with a flashlight and a green laser tactical sight, and went to investigate.

When he arrived in the area of the yard where he thought the trespasser was, Benvin said the victim “jumped out of the bin and scared me”, and he “may have” fired a warning shot, with surveillance footage showing smoke coming from his gun at this moment.

Once the victim got out of the bin, Benvin said he told him to stop, but then he “lunged toward” Benvin, who fired his second shot directly at him.

“He yelped and made a bit of noise, but he didn’t go down or nothing, and he actually became super cooperative at that point,” Benvin said in court.

Benvin and the victim, at gunpoint, began making their way across the yard towards the exit, when Benvin asked him if anyone else was with him, which the victim denied.

Benvin said the man then lunged at him again, causing him to fire another shot, which caused the victim to “make a bit of noise,” but he remained on his feet, and “became more agreeable.”

The victim had his hands behind his head as Benvin led him towards the facility’s exit, where he instructed the limping victim on the ground while he opened the gate to Tenth St.

In doing so, Benvin was seen by cameras stepping on the victim’s head and kicking his body, before the victim got up and walked out.

It was then Benvin shot the man in the right side with the 12-gauge shotgun.

When asked by Crown counsel Hauschildt if Benvin felt threatened by the victim at this point, who had his back turned towards him and his hands behind his head, Benvin admitted he wasn’t a threat “at that point.”

“I lost my cool, I was upset…in my mind I pictured him hurting my dogs, when he said that.”

The victim staggered across the road to try and escape, being spotted by a passing motorist who called 911.

Benvin was seen on security footage hiding the gun behind his back as the car drove by, then watched the victim move away before closing the gate.

When police arrived on scene, Benvin told them he hadn’t seen anything, while the victim was found with life-threatening injuries and was taken to hospital for treatment.

He had multiple wounds on his arm, leg, buttocks, thigh, right lung and in his liver.

Police investigation into the incident
Investigators, linking Benvin to the crime, executed a search warrant at his home on the DBL property the following day, where he lived in exchange for work.

RCMP officers found a shotgun matching the type used, other firearms and ammunition.

He had a valid firearms license at the time of the shooting.

Benvin’s phone also contained photos, from his point of view, pointing the gun at the victim, along with other pro-firearms images and memes indicating support for vigilante-style actions, including “we don’t dial 911”. Similar posters were also found in his apartment.

Benvin said he took the photo while pointing the gun at the victim so he could remember his face.

Prior to the victim being shot before exiting the facility, Benvin told court he told the victim he was lucky his dogs weren’t there at the time, as they would have injured or killed the victim.

It was then the victim allegedly said if Benvin’s dogs were there, he would have killed them both.

“I lost my cool, I was upset…in my mind I pictured him hurting my dogs, when he said that.”

Benvin’s History
During his testimony, Benvin told court he’d lived and worked at the property for over a decade, through a verbal agreement with the owner.

Throughout his career, he said he’d been attacked at least three times previously, including having a rock smashed on his head and being cut with a knife.

Benvin said in court these incidents have caused him a large amount of stress and he has trouble sleeping because of it.

In addition to his work with DBL Disposal, Benvin also owns and operates a local tree service company.

Victim Impact Statement
The victim’s girlfriend presented his point of view for the court on Tuesday, describing a life drastically changed as a result.

Insomnia and living in a constant fear are two of the effects from the January 2024 shooting, while physical limitations in his right arm are still apparent.

The statement outlined how the man, 43 years old at the time of the incident, has undergone multiple surgeries to repair damage from the rubber bullets and has limited movement in his right hand.

He now suffers from PTSD and has been unable to return to work cutting wood and as a part-time commercial fisherman, and is now receiving social assistance for the first time in his life.

Sentencing Steps
Crown Counsel petitioned the court for five years in jail, minus time already served in custody by Benvin, along with a firearms prohibition and requirement to submit a DNA sample.

Benvin’s defence, Richard Neary, requested a time served sentence, equating to around 19 months, and a five-month conditional sentence order.

In custody since Aug. 14, 2024, Benvin will receive credit for 567 days, as of Tuesday, time served regardless of the sentence imposed by the justice.

Sentencing arguments continue on Wednesday.

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by NanaimoNewsNOW Staff

Nanaimo property caretaker awaits sentencing for New Year’s Day shooting involving rubber bullets

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