A Surrey man who emptied the contents of a handgun into a roommate who was threatening him and his son in 2019 has been sentenced to seven years in prison in B.C. Supreme Court.
A jury convicted George Murray Solmes Bragg of manslaughter in the death of Richard Wayne Duncan, said the decision of Justice Murray Blok, which was released July 25.
The jury acquitted Bragg of second-degree murder, instead convicting him on the lesser-included offence.
The events unfolded after Bragg, his son Mark Bragg, and Mark's acquaintance, Wayne Duncan, rented a house in South Surrey. All three had fallen somewhat on hard times, Blok said.
Both Braggs testified that during the months that the three shared the house, Duncan displayed an unpredictable and hair鈥憈rigger temper, threatening and abusing them frequently.
The court-heard things came to a head on Sept. 5, 2019, with a dispute over the payment of rent. Blok said Duncan seemed to believe he was being accused of taking the others' rent money.
“Duncan then threatened the Braggs by telling them that he would be dealing with them at midnight,” Blok said, adding discrepancies in the evidence led him to conclude the threat was “of inflicting substantial physical harm on both Braggs.”
Duncan continued to text the Braggs, reminding them midnight was approaching.
Bragg retrieved a legal eight鈥憇hot revolver and loaded it with .22 magnum ammunition.
“Bragg said he chose the .22 magnum ammunition because of its stopping power, noting the ordinary .22 calibre ammunition was not sufficient and that he had killed bears and deer with the .22 magnum and, in his words, ‘I know what it’ll do,’” Blok said. “He also said the regular ammunition ‘is not going to do anything to a large鈥慺ramed person,’ which Mr. Duncan was.”
Duncan emerged from his room at midnight, Bragg testifying he was saying things indicating he was going to make good on his threats.
Both were in a hallway and told Duncan to stop. He did not and Brag began shooting.
Eight shots were fired, all hitting Duncan. “Two of the eight gunshot wounds were serious and one was deemed to be the cause of death,” Blok said.
The judge said the manslaughter verdict means the jury rejected Bragg's self鈥慸efence claim.
“I accept that Mr. Duncan's words and actions in the months leading up to the incident were frequently violent, threatening and unpredictable, and I accept that he made a specific threat of significant physical harm to both Braggs on the evening in question,” Blok said.
The judge said Bragg had hours to pursue other options, which included the obvious option of calling the police.
“Although Mr. Bragg's misguided belief that he had no viable options short of lethal force attenuates his moral culpability, it does not bring this matter to one of ‘near self鈥慸efence.’”
The Crown had sought 10 years in prison
