A Burnaby man convicted of attempted murder after he shot two family members at close range on Mother's Day in 2017 has lost his sentence appeal.
Domenic Botticelli was also convicted of two counts of discharging a firearm with intent to wound and six counts involving firearm offences.
A jury convicted him in December 2018.
He was given a global sentence of 15 years, consisting of 12 years concurrent for the two attempted murder offences and three years consecutive for firearms offences. From that was deducted 39 months for pre‑trial custody credit, resulting in an actual sentence of 11 years and nine months.
The Crown had sought a sentence of 14 to 16 years, describing Domenic Botticelli as a “lucky murderer.”
The shootings happened on May 11, 2017. The victims were Tonino Botticelli and Candace Botticelli, his brother and sister-in-law. Both survived with significant emergency and ongoing medical intervention, including long periods of medically induced coma and multiple surgeries.
“The injuries have been and will continue to be life-changing,” the sentencing judge said.
Prior to the incident, the brothers’ relationship had degraded to where they had little civil communication.
Domenic Botticelli was living in their mother’s home when Tonino Botticelli and Candace Botticelli arrived for a visit.
The mother indicated Domenic Botticelli had broken the oven’s glass door. Tony Botticelli had seen other damage earlier. So, he told his brother he had to leave, a suggestion Candace Botticelli reiterated.
Shortly after, Domenic Botticelli walked out of the garage with a shotgun.
“What are you going to do with that? Shoot us?” Tonino Botticelli asked his brother.
Without responding verbally, Domenic Botticelli shot Candace Botticelli with the shotgun at close range. She fell to the ground with a serious gunshot wound to her torso, B.C. Supreme Court Justice Kenneth Ball said in his decision.
“Domenic Botticelli then shot Tonino Botticelli with the same shotgun at close range. Tonino Botticelli also fell to the ground with a serious gunshot wound to his torso,” Ball said.
When police searched the home, they found a plastic case with a Colt handgun, a magazine for the Colt handgun, and a suppressor or silencer for that handgun. In another case, they found an Intratech AB‑10 handgun with a high‑capacity magazine and suppressor or silencer, both illegal firearms.
Domenic Botticelli did not have a licence or registration certificate to possess the illegal firearms and related items.
On appeal, Domenic Botticelli alleged Ball erred by improperly considering his mental health, rehabilitative prospects, lack of motive and by imposing a consecutive sentence. He further alleged the sentence was demonstrably unfit.
The three-judge appeal panel disagreed in a Sept. 26 decision released Oct. 11.
“The sentencing judge properly considered the evidence before him in crafting a fit sentence that was responsive to the moral culpability of the appellant,” Justice Sunni Stromberg-Stein wrote. “The global sentence was not proven to be demonstrably unfit.”
