Moments after walking out of a Logan Avenue convenience store with a bottle of Gatorade he had not paid for, Dakota Bruyere turned around to see store clerk Depanshu Chumber running toward him.
Bruyere, 23, immediately pulled out a sawed-off rifle from underneath his hoodie and shot Chumber in the abdomen and ran away.
That Bruyere shot Chumber was not disputed in a Winnipeg courtroom this week. The issue is whether the July 25, 2023, shooting amounts to attempted murder.
While no words or threats were exchanged between the two men, Bruyere’s actions spoke loud and clear about his intentions, Crown attorney Carrie Ritchot argued Wednesday during a hearing before King’s Bench Justice Theodor Bok.
When confronted by Chumber, Bruyere didn’t tell him to “back off,” but instead “immediately (shot) him in the centre portion of the body where many vital organs are present,” Ritchot said.
The shooting outside the Quickie Mart convenience store at 840 Logan Ave. was captured on security video.
Chumber, 22, testified earlier this week 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 and staggering as Bruyere runs away.
Chumber said he tried to hail a passerby, but no one came to his aid.
“I put pressure on (the wound) with my hand,” he said. “I wasn’t able to speak properly.”
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.
Chumber said he was off work for five months and it was six months before he could walk properly.
Bruyere pleaded not guilty to attempted murder and several other charges, including theft, possession of a prohibited weapon, aggravated assault and discharge of a firearm with intent to wound.
Defence lawyer Tom Rees conceded the evidence established Bruyere was guilty of all charges, but for the attempted murder.
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.
“Every shooting isn’t an attempted murder,” Rees said. “We have an evidentiary gap. There are other reasonable inferences that can be drawn in the circumstances.”
The maximum sentence for attempted murder is life in prison. The minimum sentence when a prohibited firearm is involved is five years.
Bok will deliver his ruling on Sept. 23.
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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