A Victoria man who fired a handgun at four teenagers in a car two years ago, narrowly missing one teen’s head, has been sentenced to 41/2 years in prison.
Provincial court Judge Christine Lowe found that Dennis Salvador, 45, was in a temporary substance-induced psychosis when he shot at the teens outside his Kings Road home in the early morning of May 21, 2017.
“What is so striking about this offence is the description of Mr. Salvador standing at the front of his house, near the street, in a shooter’s stance with his feet planted apart … two hands up, holding a firearm, arms straight out as one would see at a gun range, as he shot at a car full of teenagers attempting to leave the area after being frightened by Mr. Salvador’s aggressive behaviour,” Lowe said on Monday.
Salvador, who was originally charged with attempted murder, pleaded guilty to discharging a firearm while being reckless to the life and safety of others. Until the mandatory minimum was struck down by the B.C. Supreme Court last year, the charge carried a minimum sentence of five years.
At the sentencing hearing, Crown prosecutor Melissa Murray had asked for a five- to seven-year sentence. Defence lawyer Geof Simair asked for a sentence of two years after credit for Salvador’s restrictive time on bail.
“This is an unusual set of circumstances, but the gravity of the offence is extremely significant and this cannot be forgotten. Deterrence and denunciation call for a significant jail sentence,” said Lowe, who gave Salvador credit of 12 months for his time on bail.
The incident began after midnight, when a 17-year-old girl took her mother’s car and picked up three male friends, ages 17, 16 and 14.
The four teens drove around to 7-Elevens and other convenience stores looking for fidget spinners.
The teens had heard about a party at a frat house on Kings Road and decided to go there. They parked on Kings Road near Shelbourne Street. The three boys got out of the car and looked in the window of a Kings Road house but couldn’t see a party.
The teens were chatting outside the house wondering what to do, when they saw Salvador yelling and banging on the front window of the house next door.
They crossed the street and went back to the car as Salvador hurriedly put on his shoes, went to his property line and shot at the car.
“It was a single bullet which hit the driver’s side window, shattering the glass. It ricocheted twice along the glass, the steering wheel and the windshield. It was impacted between the window and the hood of the car,” said Lowe.
The bullet missed the driver’s head by a mere 16 inches, said Lowe.
Police began a frantic search for Salvador, locking down the neighbourhood.
“This was understandable,” said Lowe. “They were concerned for the public safety. They had no idea where he was and he had a firearm.”
Salvador was located the next evening and found to be under the influence of both prescription and illicit drugs. He was exhibiting signs of paranoia and was convinced four or five guys were after him.
“He expressed remorse when he discovered these were just a bunch of teenage kids in a car. But he used a restricted .40 calibre handgun, which he was not entitled to possess, and which he kept loaded or with ammunition close at hand,” said the judge.
After the shooting, he left the loaded firearm in a plastic shopping bag in his backyard.
A risk assessment done by Dr. Victoria Roth found Salvador has struggled with mental health issues, particularly depression and substance abuse. He was the primary caregiver for two daughters after his relationship ended. He began to misuse opioid pain medication when his children were young.
Salvador has been successful many times in managing his addiction but has had numerous relapses. At the time of the shooting, he was prescribed sedating anti-psychotic medication, but was also using other drugs including methadone.
His psychosis subsided when he went through withdrawal in custody.
Salvador has been assessed as low risk to reoffend if he stays away from illicit drugs. He appears to have very few risk factors that are not related to substance use, said Lowe.
“He is positively engaged in his rehabilitation. There are letters from his family that show concern and understanding of his history and also show a great deal of love and affection.”
Lowe found Salvador’s guilty plea and remorse to be mitigating factors. His prospect of rehabilitation is good, she said.
