Dockerill found guilty of weapons charge

NANAIMO – Nanaimo man involved in fatal shooting found guilty on weapons charge.

A 34-year-old Nanaimo man involved in a fatal shooting was found guilty on a weapons charge that carries a minimum three-year prison term.

Simon Phillip Dockerill was found guilty of possession of a restricted firearm and ammunition in B.C. Supreme Court Monday.

The conviction stems from a gun fight May 2010 in a parking lot on Wilgress Road that killed John Charles Borden, 47, and injured Dockerill and one other man.

A murder charge against Dockerill was dropped after the police investigation into the incident indicated Borden initiated the exchange of gunfire and that Dockerill acted in self-defence.

The conviction on the weapons charge came despite the defence argument that Borden had two guns and that Dockerill ended up in possession of the 9-mm pistol that killed Borden after the two men struggled.

Frank Dubenski, Crown counsel, described the case as a long and difficult one which included a police investigation that extended beyond the time initial charges were laid agains Dockerill.

“Ultimately the right decision was made to proceed with the weapons offence after it was determined that Dockerill was responding in self defence,” Dubenski said. “The Crown thought it was important, given that he must have come armed to the conflict that he should be prosecuted for that.”

Dockerill faces a minimum mandatory sentence of three years in prison.

“Although I haven’t come to a conclusion about what sentence I will ask for yet, the Crown will be seeking a significant sentence,” Dubenski said.

Dockerill will appear in court Sept. 9  when a date will be fixed for sentencing.