It was a warm and humid summer evening with relatively mild wind. Recent rain had left the fields of Rama district muddy and swathing hay was slow business. As Greg Bugeria plodded through the mud in his Case tractor pulling a mower-conditioner, he noticed a vehicle parked on the gravel road bordering the field.
As he slowly progressed nearer to the road at roughly three miles an hour, he could see it was Rodney Hanishewski's black Pontiac Grand Am. He noted an adult male sitting in the driver's seat. The two men had known each other virtually all their lives, but what would Rodney be doing out there?
When Greg came within about 200 feet of the
car, the deafening crack of gunshot reverberated through the cab. Instantaneously, the windshield shattered showering Greg with glass shards as the bullet smashed through his left shoulder taking with it six-inches of bone and all the surrounding muscle.
Blood splattered throughout the cab and poured from the gaping wound. As Greg turned and attempted to flee, more shots clanged off the tractor. One penetrated the metal door, narrowly missing Greg and lodging in the seatback. For approximately five terrifying minutes, 10 shots in all, the shooting persisted.
As Greg manoeuvred out of range, his attacker gave chase, but gave up because the Grand Am was no match for the rain-soaked land.
Rapidly losing blood with lacerations to his face, arms and lower back, Greg frantically called for help from neighbours and family.
***
Approximately 10 to 15 minutes earlier, Rodney Hanishewski had stormed into the family home he shared with his mother, Helen Hanishewski, and sister, Mary Anne Hanishewski.
Rodney rummaged around briefly, said goodbye to Helen and left stating, "I'm going to kill the neighbour."
They did not see him again.
***
In the midst of the turmoil surrounding Greg Bugeria's transport to Canora hospital for stabilization and transfer to Regina General for surgery, his family alerted Clarence Hanishewski in Warman that danger might be headed his way.
Clarence packed up his young family and headed for Saskatoon.
Rodney had been irate in 2009 when Helen had signed over the 160-acre quarter section of the family farm to Clarence. After the shooting of Greg Bugeria, everyone feared Clarence might be next.
RCMP from Warman and Martensville set up blockades near Clarence's home. At 3:40 a.m., July 28, 2010, just over eight hours after the shooting in Rama, police arrested Rodney for attempted murder on a country road five kilometres east of Highway 11 near Warman. They found a Remington .306 and Mossberg 12-guage shotgun in the Grand Am.
***
The case languished in the court system for nearly two-and-a-half years until, on December 6, 2012, Rodney finally pleaded guilty to attempted murder in Yorkton Provincial Court.
Details into the motivation for the crime finally came out during sentencing May 24.
"Mr. Hanishewski appears to be manifesting features of a paranoid personality disorder," read Judge Patrick Koskie from a psychiatric report prepared for the Court.
"The main features of this disorder include pervasive distrust and suspiciousness of others, excessive hostility, holding grudges against others, being rigid, seclusive, unforgiving and stubborn. He feels he has been treated unfairly by his brother and the rest of his family. Individuals with paranoid personality disorder may experience psychotic breakdowns under stress. Individuals like this patient who are paranoid, resentful and angry may resort to violence against those they believe are hurting them."
***
At a sentencing hearing on February 21 of this year, Crown prosecutor Darren Grindle called for a sentence of seven to nine years based on premeditation, Rodney's lack of remorse and unwillingness to be treated for his mental health issues.
Grindle painstakingly reviewed photos of Bugeria's wounds and extensive damage to the tractor.
"It's not unreasonable to say it was sheer chance he was not killed," the prosecutor said.
He also cited case law that establishes attempted murder as being comparable to murder including a 2008 ruling by Judge Trottier of the Ontario Superior Court of Justice who said: "Quite simply, an attempted murderer is, if caught and convicted, a 'lucky murderer'."
The defence countered with a recommendation of five to seven years to be served at the Regional Psychiatric Centre (RPC) in Saskatoon. Saskatoon defence attorney Michael Nolin argued the primary consideration in Rodney's case was getting him treatment for his mental illness.
Nolin characterized the case law as being inconsistent with his client's situation. Only one ruling, he said, considered mental illness. In Rodney's case, he explained, there is a definable problem with mental illness; that at the time of the offence, he had a brain tumour that drove him to self-medicate with alcohol; and that he is an admitted alcoholic.
The attorney continued saying his client had made progress since the tumour had been removed while Rodney has been in jail and that he has slowly started coming around to his need for treatment and is now taking anti-depressants.
Nolin also countered the diagnosis of paranoid personality disorder calling it "tenuous at best." He cited his own experts in paranoid schizophrenia to make his case for incarceration at the psychiatric facility.
At the end of the February hearing, Judge Koskie reserved his decision until May 24.
***
On Friday, the judge sided with the Crown sentencing Rodney to nine years less time served.
"I have decided this range is appropriate due to the nature and manner this offence was carried out," Koskie said. "It was not a spur of the moment act. He used two guns and took ten shots. The message must be clear this action will be treated seriously by our society."
The judge did, however, consent to defence counsel's request that Rodney serve his time at the RPC.
"This will provide the best solution and long-term safety for society as a whole," Koskie said. "It also accurately reflects the accused's ongoing mental health issues."
In coming to that decision, the judge weighed the aggravating and mitigating circumstances.
The mitigating factors were that Rodney had no prior criminal record, pleaded guilty, had been a model prisoner since his arrest and suffers from mental health issues.
However, under the aggravating factors, Koskie listed principles of sentencing, the overriding of which for the offence of attempted murder he said are "denunciation and deterrence" and "to contribute to respect for the law and maintenance of a just, peaceful and safe society."
The judge also cited Rodney's refusal of treatment and the premeditation of the crime in imposing the high end of the Crown's recommendation.
"Mr. Hanshewski's case is complicated by his mental health issues, however, even after committing this violent action he is not prepared to get full treatment for his mental health issues thereby leaving him a danger to others unless he at some time in the future accepts such treatment," Koskie said.
"Finally, the deliberate nature of the commission of this offence is chilling. He had to aim, fire, then grab a different gun and aim and fire again, then reload both weapons until at least 10 shots were fired into a slow moving tractor. The imagery of a duck at a carnival is both accurate and chilling. I can't imagine the terror Mr. Bugeria felt for that three to five minute window."
Before closing the hearing the judge summarized the victim impact statements of Greg Bugeria, Marie Bugeria and Clarence Hanishewski for "Mr. Hanishewski to reflect upon."
In a nutshell, the ongoing psychological and financial effects are a woeful tale of people whose lives have been irrevocably ripped apart.
In addition to the custodial sentence, the Court ordered Rodney to provide a DNA sample and imposed a lifetime ban from possessing firearms, other weapons or ammunition.
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