Would-be hit man sentenced for conspiracy to commit murder in B.C.

The Law Courts building, home to the B.C. Supreme Court and the Court of Appeal, is seen in Vancouver, B.C., Nov. 23, 2023. THE CANADIAN PRESS/Darryl Dyck

A man from Toronto who “actively and persistently” participated in a conspiracy to commit murder in B.C. has been sentenced to six years in prison, according to a recent court decision.

Nathan Rashawn Johnson-Audain pleaded guilty to the crime earlier this year and the sentence was handed down in B.C. Supreme Court last week.

The court heard that Johnson-Audain arrived in the Vancouver area on April 13, 2023, where he remained until he was arrested 11 days later when a loaded Glock was found in the vehicle he was driving.

Justice Martha Devlin’s sentencing decision summarizes an agreed upon statement of facts submitted to the court, shedding some light on how the conspiracy unfolded.

The Target of the hit was Harkirat Jhutty, who lived with his family in Surrey, according to the decision – which does not provide a motive for the conspiracy.

Johnson-Audain used the encrypted Signal app to communicate with four people with the usernames Nlits, WICK and stmprr. None of those users are identified using their proper names in the decision and the judge does not indicate whether any of them faced charges in the conspiracy.

Nlits and WICK, the court heard, set up accommodations for Johnson-Audain and provided him with places to stay as well as stolen vehicles to drive.

“They provided Mr. Johnson-Audain with: the Jhutty Residence’s address; a photograph of Mr. Jhutty’s vehicle; a photograph of Mr. Jhutty; the real-time location of Mr. Jhutty; instructions on where Mr. Johnson-Audain should park before carrying out the murder; and instructions for escaping the scene after-the-fact,” Devlin wrote.

“Nlits and WICK also provided Mr. Johnson-Audain with encouragement, imploring him to not hesitate in shooting Mr. Jhutty and to not get distracted.”

Johnson-Audain received and followed the instructions, but the court heard he had “difficulties” carrying out the murder.

In one instance, Johnson-Audain deliberately crashed the stolen car he was driving into a vehicle he thought Jhutty was driving – but found that his target was not, in fact, behind the wheel.

Three days before Johnson-Audain was arrested, police received a report from Jhutty’s brother that a “suspicious vehicle” had been driving by the family home, according to the decision. The next day, Jhutty found a tracking device on his car, and his brother reported the discovery to police.

Police ultimately identified and surveilled the suspicious vehicle – which had been stolen and provided to Johnson-Audain. A search yielded the illegal firearm with Johnson-Audain’s DNA on it.

Johnson-Audain was 20 when he was arrested and has been in custody since April 24, 2023.

The six-year-sentence, which works out to an additional three years, one month, and 19 days behind bars after credit for time served, was a joint submission by Crown and defence.

Devlin agreed that it gave sufficient weight to the “objective gravity of the offence” while also taking Johnson-Audain’s background into account.

“Mr. Johnson-Audain is relatively youthful, lacks a prior criminal record, has entered a guilty plea, and evidently faced challenging circumstances in his upbringing,” the judge wrote.

“Conversely, he used a firearm in committing his offence—a firearm that was defaced, loaded with 31 bullets in an extended magazine when located by police, and which Mr. Johnson-Audain had no licence to possess. He also actively and persistently participated in the conspiracy to kill Mr. Jhutty. Despite multiple setbacks, which provided him an opportunity to reassess his conduct, Mr. Johnson-Audain remained determined.”

In addition to the prison term, Johnson-Audain was ordered to provide a DNA sample and handed a 10-year weapons prohibition.