A man serving a life sentence for the murder of a woman and shoting a criminal associate in downtown Maple Ridge has lost his appeal.
In the BC Court of Appeal in Vancouver Justin Michael Wareing unsuccessfully tried to appeal his guilty verdicts for second degree murder and attempted murder. He killed Cashmere Ali, 35, and attempted to murder Matthew Whitty on July 15, 2022, at a residence on 119th Avenue. A jury convicted him on both counts, and for second degree murder he was sentenced to life imprisonment with no eligibility for parole for 14 years.
Wareing, 31 at the time of the offence, testified he fired shots in self-defence, in response to having been shot at, and as a result of panic. He told the court he blindly fired shots in the direction of the victims, and did not intend the death or injury that resulted. He left the scene, took a friend’s vehicle, did not report what had happened to police, and later fled from the police when they arrived to arrest him.
Wareing appealed on the basis that the trial judge made an error in law by failing to instruct the jury on the concurrence principle — that intent must coincide with the actus reus — in relation to the order of gunshots fired. That means criminal intent and a criminal act must occur simultaneously for him to be guilty.
He also argued the trial judge erred by refusing to properly instruct the jury with respect to Wareing’s flight from the scene, and from police.
Whitty and Wareing had robbed a drug dealer’s home with two other men, two nights before the fatal shooting. After the robbery, they divided the stolen proceeds.
However, Wareing went to confront Whitty about what he felt was unfair distribution of the proceeds, taking a gun with him.
Whitty testified he was confronted as he awoke on a couch in the living room of the unit on 119th Avenue. Wareing grabbed Whitty’s left leg and shot him in the knee. When Ali “popped up,” Wareing shot her in the head. Whitty ran for a door, and Wareing kept firing. Whitty was shot again, but ran to the nearby Maple Ridge RCMP detachment, he testified.
Witness Maximilian Duschl testified that from the kitchen he heard Wareing enter the living room and begin arguing with Ali. Duschl went to the living room and saw the appellant pull out a handgun and shoot Ali. Whitty then tried to make his way to the front door while the appellant was shooting at him. He said Wareing chased Whitty outside, and fired a shot.
According to Wareing’s testimony, he told Whitty he wanted more money, and Waring would give him some time, but he would return to collect. As Wareing left, he heard a gunshot behind him, and pulled out his handgun from his waistband and “shot up” the living room blindly, with his eyes closed, and without aiming.
Wareing then left, changed his clothes, showered, and shaved his head. The defence argued he was in a state of panic throughout. He was arrested the next day at a residence on 121st Avenue.
The Crown submitted that it was a long time to be in a state of panic.
The review by the appeal court was to determine whether the jury was properly, not perfectly, instructed, noted the decision.
The appeal court found the trial judge had appropriately instructed the jury, and the appeal was dismissed in a judgment made on April 17.