A Toronto man who pleaded guilty to conspiring to murder a Surrey man in 2023 has been sentenced to six years in prison but actually has a little more than half of that left to serve after a judge gave him credit for time he'd already spent in pre-trial custody.
Nathan Rashawn Johnson-Audain, 22, pleaded guilty on Jan. 15 to conspiring to murder Harkirat Jhutty. The joint submission from the Crown and defence called for six years imprisonment less credit for time served.
Justice Marth Devlin sentenced Johnson-Audain on March 21 in B.C. Supreme Court in Vancouver. She noted in her reasons for judgment that he'd already served 698 days in custody since his arrest on April 24, 2023 and found him entitled to 1,047 days of credit, leaving him with three years, one month and 19 days left to serve. He was 20 when he was arrested and had no prior criminal record.
Johnson-Audain was the intended hitman in a conspiracy to kill Jhutty but didn't get the job done. At the time, Jhutty was living with his family in Surrey. Johnson-Audain flew in from Toronto on April 13, 2023 and until his arrest communicated with three accounts on Signal – an encrypted text-messaging application – under the handle Road. The accounts he communicated with were Nlits, WICK and stmprr.
The court heard Nlits and WICK set up his accommodation and transportation in the Lower Mainland. Devlin noted this included arranging rideshare trips, booking home rentals for Johnson-Audain and providing him with stolen vehicles. "On several occasions, Nlits and WICK also provided Mr. Johnson-Audain instructions and information necessary for carrying out the murder of Mr. Jhutty," the judge noted in . This included Jutty's address, a photo of him and his vehicle, advice on where he should park before doing the murder and how to escape after the fact.
Devlin noted Johnson-Audain "encountered difficulties in carrying out the murder of Mr. Jhutty," having gone to the residence on several occasions without spotting his intended target. "On another occasion, Mr. Johnson-Audain crashed a stolen vehicle into a parked vehicle that he believed Mr. Jhutty was driving, only to realize that the driver was instead a woman."
On April 21, 2023, Jhutty’s brother called police to report a suspicious vehicle that had driven past the residence. "He described the vehicle as a silver Ford Fusion. Indeed, a stolen 2012 Ford Fusion had been obtained by Mr. Johnson-Audain on April 20, 2023, through instructions given to him by Nlits and WICK."
The following day Jutty discovered a tracking device had been planted on his car, and police set up surveillance leading to Johnson-Audain’s arrest. Police searched the stolen car and found a Glock 34 handgun with its serial number "defaced," loaded with 31 rounds in an extended magazine.
"The police found Mr. Johnson-Audain’s DNA on the gun and magazine," the judge noted. "Mr. Johnson-Audain had no licences or registrations for firearms. Additionally, a police search of one of the rental accommodations in which Mr. Johnson-Audain resided during his time in the Lower Mainland located an Ontario driver’s licence bearing the name “Calvin Wilson”, with Mr. Johnson-Audain’s picture."
He addressed the court before the sentence was passed.
"He expressed sincere remorse and took responsibility for his actions. I found Mr. Johnson-Audain’s remarks to be genuine and sincere," Devlin decided. "He is thankful that the police intervened before he was able to cause further harm. Mr. Johnson-Audain advised that while in custody he has had the opportunity to reflect on his actions and the poor choices he has made. He maintains that he is not a bad person, and expressed his commitment to becoming a productive member of society."