Man who attacked and robbed woman in her building's elevator sentenced to prison time
A man who followed a woman into her Vancouver apartment building in the middle of the night and then robbed her in the elevator while holding a pen to her neck has been sentenced to five and a half years in a federal prison.
Tyler Emerson Gagnon, 37, was just nine days out of jail on previous convictions and had gone missing from his halfway house when he attacked the victim in the early hours of Nov. 17, 2018, according to reasons for the sentence, handed down April 16.
With credit for time served, he will serve two years, one month and 28 days behind bars, B.C. Supreme Court Justice Andrew Mayer said.
"The unlawful confinement and robbery of [the victim] were likely traumatic and had a significant impact on her," the judge wrote.
"In addition, Mr. Gagnon has a lengthy criminal history and repeated failures to comply with the conditions of his release. It is apparent that Mr. Gagnon is still within a cycle of substance abuse, leading to the commission of offences to fuel his drug use, followed by periods of incarceration."
His criminal record dates back to 1998 when he was just 14 years old, and includes sentences for 45 criminal offences, Mayer said.
The latest sentence comes after Gagnon pleaded guilty to unlawfully confining the woman and robbing her. Charges of sexual assault with a weapon and uttering threats have been stayed.
Attack left victim fearful and anxious
Gagnon told police he was high on speed and desperate for money for "dope and cigarettes" when he attacked the woman inside her West End building, according to the decision.
The victim, a Korean national, was returning home from a nightclub at about 2:45 a.m. when Gagnon slipped in the front door just as it was about to close behind her, the decision says. He followed her into the elevator, grabbed her from behind and forced her into a corner, telling her he would kill her if she looked at his face.
"He placed his hand over her mouth which made it difficult for her to breathe and later put his tuque over her eyes to prevent her from looking at him. He held a pen against [her] neck, struck her and pulled her hair," Mayer wrote.
Gagnon held the woman in the elevator for about seven minutes while he searched through her purse, taking her cellphone, a Chanel necklace and wallet, and her keys, the decision says.
The victim was able to escape when another woman got into the elevator. A neighbour comforted her until police arrived, and she was taken to hospital for treatment of injuries including scrapes on her neck, bruising to an arm and knee, and pain in her neck and shoulder.
The victim has since returned to Korea, but she prepared a victim impact statement not long after the attack, describing feelings of sadness, anxiety and embarrassment, according to the judge.
She also "described feelings of fear when she met any white man near [her] house, was no longer able to work early in the morning when it was dark and was afraid to get onto elevators with others," Mayer wrote.
As a result of his sentence, Gagnon will be banned from owning a firearm for 10 years and must submit a DNA sample. He is also ordered not to have any contact with the victim.
