An Abbotsford business man is awaiting his fate after a shooting in Maple Ridge two years ago.
Dustin Born pleaded guilty in April to killing an animal, as well as break and enter, after an incident in October, 2022, where he burst through the front door of Shumei and Dudley Brooks' home, shooting and injuring Shumei, and killing their family dog Walle.
On Sept. 18, Born sat in a Port Coquitlam court room, with 15 members of his family and friends behind him, as the night of the incident was recalled and victim impact statements were read.
Born, the owner of an Abbotsford construction company called Twin Maple Construction, was hired by the Brooks family to build a turkey barn in July 2020, for their business Skyacres Turkey Ranches. However, the relationship soon soured and the contract was terminated by December that year.
The couple's son Stephen Brooks filed a notice of civil claim on Dec. 3, seeking damages from Born, accusing him of refusing to fulfill the contract, and also for trespassing, and assault and battery. He also asked for the discharge of a builders’ lien Born and his company had placed on the property, and a fine.
On Jan. 5, 2021, Born and his company filed their own lawsuit against the turkey farm and all three of the Brooks, for his uncompleted work, as well as “punitive and aggravated damages.”
Despite this, on Oct. 5, he took matters into his own hands, claimed Crown Counsel, which is asking for a sentence of six years in jail.
Crown argued text messages sent by Born that night to his wife, before the shooting took place show that his actions were planned and deliberate. Actions, Crown reminded Judge Jeffrey Campbell, that left lasting physical and psychological scars on the Brooks family.
That night Born told his wife that Shumei needed to pay for what she had done, that she had destroyed his life, and that there was going to be a resolution one way or the other.
"I am tired and can't continue to fight. It ends tonight," he wrote.
"My time has come to meet my maker," he said, telling his wife that if she didn't hear from him in the next two hours, something went wrong.
Crown noted the civil dispute, that is still before the courts, was the proper way to deal with the conflict over the turkey barn, however, Born took matters into his own hands on Oct. 5. Crown also reminded the judge the maximum penalty for break and enter is life in prison, and what they are asking for is on the low end of the sentencing spectrum.
"Mr. Born's actions were serious, contemplated, and potentially lethal," said Crown.
Shumei Brooks, who was shot in the abdomen and had to undergo emergency surgery, stood up in front of the court to read her victim impact statement, telling the room she thought she was going to die.
"I felt profoundly solemn, watching my entire life passing in front of my eyes I noticed I did not have regrets. I quickly said goodbye to everyone and everything in my heart, the world stood silent at that moment, I did not even hear the gun shots," she read.
She told the court how she cries every time she remembers her dog Walle and how, when her family returned home, they had to clean up the shotgun pellets and blood that soaked into the carpet and sofa. Shotgun pellets remain inside her body.
Born's defence team is asking for two years, less a day, and three years of probation citing a history of poor mental health, how he is a contributing member of society and family man who loves his wife and four children.
Defence lawyer Jeffrey Ray referred to the text messages, saying Born snapped that night was not acting rationally.
Ray referred to 21 questions Born wrote to Shumei about the dispute over the turkey barn. He planned to read them to her that night, believing he could have them captured on 911 emergency dispatch recordings.
Nobody can look at his texts and say he was acting rationally, said Ray, adding the shooter was clearly suicidal and acting in a bizarre manner – thinking that he could use a 911 recording in his civil suit.
The defence also detailed doctor's reports that documented a history of mental health disorders including a diagnosis of ADHD and depression before the age of 16, and more recently anxiety, extreme mood swings, racing thoughts, and suicidal contemplation.
The court also heard how Born had alcohol use disorder, and drank the night of the offence.
However, said Ray, he is currently engaged with his treatment providers, and has abstained from alcohol since that night.
Born was given an opportunity to speak. He apologized to the Brooks family, telling them that he hopes and prays that they will live in peace and not in fear and that he will never return to their property again. He also apologized to his own family and friends for not taking care of his mental health.
Judge Jeffrey Campbell also received 22 character reference letters, expressing shock over what Born had done. And, said Ray, there have been no breaches of bail and Born has been cooperative with the medical reports.
"You are dealing with a man who has essentially rehabilitated himself," Ray told the judge.
Born will learn his sentence on Oct. 3, when he next appears before the judge.