The mastermind behind the murder of Philbert Truong outside a downtown nightclub in July 2008 has been re-sentenced to life in prison with no possibility of parole for 14 years.
In April 2010, a B.C. Supreme Court jury found Somphavanh Chanthabouala guilty of the first-degree murder of Truong and the attempted murders of Thuan Le and Robin Lepard. He was sentenced to life in prison with no chance of parole for 25 years for Truong's murder and received concurrent sentences of 18 years and 10 years for the attempted murders of Le and Lepard.
At trial, the Crown argued that although Chanthabouala didn't pull the trigger, he orchestrated the shooting outside the Red Jacket nightclub on View Street. The jury was told that Chanthabouala had his friend Mark Arrieta, who was 16 at the time, do the killing. Both were selfdescribed members of the Red Scorpions, a Lower Mainland gang that police said was setting down roots in Greater Victoria.
Chanthabouala appealed, and in November 2011, the B.C. Court of Appeal reduced the conviction to second-degree murder, which carries a mandatory life sentence with parole eligibility set between 10 and 25 years.
The appeal court ruled unanimously that the trial judge did not properly instruct the jury on the effect of alcohol on the 22-year-old man's ability to plan and deliberate the murder, essential elements for a first-degree murder conviction.
On Friday, with his family present and Truong's grieving father, Trung, sitting in the public gallery, Chanthabouala, now 26, was re-sentenced on the lesser conviction.
Justice Keith Bracken found Truong was caught in the middle of a petty dispute between his friend Le and Chanthabouala. Le was said to have accidentally stepped on Chanthabouala's foot in the bar. Chanthabouala nursed his anger throughout the evening.
Outside the bar, Chanthabouala called friends on a cellphone, summoning them for a confrontation.
Soon after, Arrieta and at least one other man arrived in a taxi, Bracken said. When Arrieta arrived, Chanthabouala spoke to him and they walked over to Le and his friends. He pointed to Arrieta and yelled, "Shoot him, shoot him."
Truong stepped in front of Le, saying, "If you're going to shoot him, you'll have to shoot through me first."
Arrieta shot Truong in the chest. Le was seriously injured after being hit in the upper torso, and Lepard was hit in the shoulder.
The critical fact was at what point Chanthabouala knew Arrieta had a gun, Bracken said.
At trial, Chanthabouala testified that he called his friends because he thought there would be a fight. He said he didn't know Arrieta would bring a gun.
The Crown said Chanthabouala knew Arrieta had a gun and encouraged him to bring it.
Bracken said he could only conclude that by the time Chanthabouala said "shoot him," he knew Arrieta had a gun.
He noted that Chanthabouala has earned his Grade 12 equivalency and taken other courses in prison and continues to be supported by his family. He has also promised never to drink again.
Chanthabouala was on probation when the shooting took place, Bracken said. He had moved to Victoria and was trafficking drugs. He tried to intimidate Le and his friends by saying he was a member of the Red Scorpions.
"While the accused expresses remorse now, he certainly did not soon after the events," Bracken said. In fact, after the jury verdict, Chanthabouala insisted he was innocent.
The dominant sentencing principle in this case was denunciation and deterrence, said Bracken, setting parole eligibility at 14 years.
"One young man was killed. Another received devastating life-threatening injuries and another received serious injury."
Arietta was found guilty of second-degree murder and sentenced in April 2010 to life in prison.
Truong was posthumously awarded a Governor General's medal of bravery in February.
