A Winnipeg man has been convicted of attempted murder after shooting a convenience store clerk who had confronted him over a stolen bottle of Gatorade.
Dakota Bruyere, 23, didn’t deny shooting Quickie Mart clerk Depanshu Chumber at close range in the abdomen with a sawed-off shotgun, but his lawyer argued at a court hearing last July that he shot Chumber impulsively and had no intention to kill him.
King’s Bench Justice Theodor Bock rejected Bruyere’s claim, saying in a written ruling released Monday the circumstances of the shooting “leave me with no reasonable doubt concerning (his) criminal intent.”
“Despite this, I find Mr. Bruyere’s decision to use deadly force against Mr. Chumber in these circumstances to be inexplicable,” Bock said.
“Mr. Bruyere did not steady his shotgun and take aim at some non-vital part of Mr. Chumber’s body, like his foot or hand, nor did he drop the stolen drink and run. Instead he shot Mr. Chumber in the abdomen. Facts like these call for some explanation, but none is offered.”
The July 25, 2023 shooting outside the Logan Avenue convenience store was captured on security video.
Chumber testified last July he was working alone at the store when a man he had never seen walked in around 11:30 a.m., grabbed a drink from a cooler close to the door and immediately walked out.
Chumber said he ran after the man to seek payment or return of the drink and was within two or three metres of him when the man pulled out a firearm and shot him “point blank” in the abdomen.
Security video shows Chumber clutching his abdomen as Bruyere starts to run away, then returns to retrieve his drink and a piece of the shotgun that had fallen off, before fleeing eastbound on Logan.
Chumber testified he tried to hail a passerby, but no one came to his aid. Chumber made his way back to the store and called 911. Emergency responders arrived within minutes and he was rushed to Health Sciences Centre, where he remained for 15 days.
Defence lawyer Tom Rees argued there was insufficient evidence to prove beyond a reasonable doubt that Bruyere intended to kill Chumber. Rees said there was no history of animosity between the men and suggested Bruyere may have acted impulsively when confronted by a stranger rushing at him.
Bock said Chumber was unarmed and posed no threat to Bruyere.
“In my opinion, when Mr. Bruyere fired the shotgun, he intended to kill Mr. Chumber,” Bock said. “I do not find Mr. Chumber’s conduct to have been provocative or aggressive… Mr. Bruyere’s conduct after the shooting — turning back to retrieve both the drink and the piece of the shotgun that had fallen — reflects a mind operating rationally in the moment.”
The maximum sentence for attempted murder is life in prison. The minimum sentence when a prohibited firearm is involved is five years.
Bruyere remains in custody and will be sentenced at a later date.
dean.pritchard@freepress.mb.ca
Dean Pritchard
Courts reporter
Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.
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