A young gangster was convicted Thursday in the August 2015 attempt to kill his own associate in Richmond’s Dover Park.
Richmond Provincial Court Judge Bonnie Craig said the circumstantial evidence at trial proved beyond a reasonable doubt that Thomas Duong participated in the near-fatal shooting of Matin Pouyan on the night of Aug. 21, 2015.
Craig agreed with the defence that there was no apparent motive behind the murder plot and that Duong and Pouyan had been seen hanging out together on the day of the shooting.
But she also accepted the Crown’s submissions that events both before and after Pouyan was shot that night proved that Duong and his co-accused Sahad Askari planned to kill Pouyan, then disposed of the evidence.
Pouyan was struck in his face and shoulder, but managed to make his way across Westminster Highway to seek help at a local gas station.
He refused to cooperate with police.
“This was a determined effort to shoot Mr. Pouyan that shows a clear intention to kill him,” Craig said.
Askari is believed to have fled Canada before charges were approved in the case.
Craig heard that all three men were associated to the United Nations gang at the time of the shooting.
All three were also under the surveillance by anti-gang police investigating an unrelated crime, details of which were not disclosed in Craig’s ruling.
One of the officers doing surveillance saw Askari and Duong get out of Askari’s Mercedes and walk into the park before seeing Pouyan arrive and park nearby. But there were no witnesses to the actual shooting.
Three shots, then loud screaming, then a fourth shot were captured on a listening device planted on Askari’s car.
Witnesses who lived near the park, including former solicitor-general Kash Heed, also testified about hearing the shots and the screams.
Craig accepted that the only reasonable inference is that Askari and Duong agreed to meet Pouyan the park that night to carry out their plan.
She accepted the arguments of prosecutor Joe Bellows that the circumstantial evidence was strong in the case.
Askari and Duong were seen by police meeting in the park the day before the shooting.
The following night, Askari picked Duong up at his apartment at 5111 Brighouse Way about 10:34 p.m.
Askari’s Mercedes stopped for several minutes on River Road where Duong can be heard in an intercepted conversation asking if “that thing’s ready.” Askari responds: “ready.”
Duong and Askari circled Dover Park once before parking, which Craig said suggested they “knew they were going to murder Mr. Pouyan and wanted to ensure there were no impediments.”
After the gunshots are heard, the pair were breathing heavily as they approached the Mercedes to leave. Duong can be heard saying “F–k.”
The defence argued his comment was consistent with him being surprised and shocked that Pouyan had been shot.
But Craig accepted that it was more likely Duong, 22, was swearing because the attempted hit was unsuccessful.
After they left Dover Park, Askari and Duong drove to a nearby business parking lot where they met a man who had previously been seen with Duong at his apartment building.
They handed him a bag and he left.
Craig accepted that clothing used during the shooting, as well as other evidence, was placed in the bag.
Askari was arrested the next morning at his Burnaby apartment, while Duong was picked up at his Richmond residence.
Tests showed Askari had some gunshot residue on his face, while Duong had it on both hands.
“It is reasonable to infer that the residue was deposited when Mr. Duong was holding a gun that was used to shoot Mr. Pouyan,” Craig said.
Duong will be sentenced at a later date.