Jim Elliot/Salmon Arm Observer Investigators mark the location of spent bullet casings and gunshot marks on the vehicles involved in the Jan. 30 shooting at the Xcalibur car wash in Salmon Arm.

Charges in car wash shooting stalled

Court waits for police watchdog report on Salmon Arm incident.

  • Dec. 14, 2017 5:30 p.m.

BY TIM PETRUK

KAMLOOPS THIS WEEK

A man who survived being shot in the head by a Salmon Arm Mountie after allegedly breaking into a car wash is in legal limbo while lawyers wait for a report from B.C.’s police watchdog.

Kayman Winter made a brief appearance in Kamloops provincial court on Thursday, during which his lawyer outlined a “vexing issue” delaying a potential plea bargain.

Winter, 23, was shot by police on Jan. 30 outside the Xcalibur Car Wash on 10th Avenue in Salmon Arm. The Crown alleges he was using his vehicle, a pickup truck, as a weapon when shots were fired.

Related link: Investigators in shooting find only police weapon

“The allegation is police show up, there is an attempt at flight, then an officer discharges his weapon and my client is ultimately shot in the head,” defence lawyer Matt Ford told court, noting the Independent Investigations Office seized a wide array of evidence following the shooting.

“Their mandate is to determine whether the police officer involved in the shooting broke the law. To do that, they need to determine if there was something that looked like assault with a weapon or dangerous driving.”

Ford said he is close to a deal with Crown prosecutor Carol Hawes, but both sides are waiting to see whether the IIO finds Winter to have been acting dangerously.

“They swooped in on the day of the incident and seized all kinds of evidence,” he said.

“These things are extremely material to the charges of dangerous driving and assault with a weapon. We are going to see if there all kinds of evidence about whether the dangerous driving or assault with a weapon occurred.”

Ford said he was told by an IIO lawyer last week that a report would be complete within two to three weeks.

Just Posted

Peeling away: OK strip clubs disappearing

Hear from Penticton’s only strip club owner about their success in a dying industry

Okanagan’s oldest mayor shows no sign of slowing down

Mayor James Baker has decades of history in his political career

The hunt is on: Lake Country egg hunt kicks off Easter weekend

It’s the biggest Easter egg hunt in Lake Country

Rollover in West Kelowna

An SUV rollover was reported just after 8:30 a.m. on Boucherie Road.… Continue reading

Support for Penticton shooting victim

A GoFundMe has been started for one of the four people killed April 15

Annual Nk’maplqs Challenge Cup returns easter weekend

The goal of the Vernon-based event is to revitalize the game and the tradition of an all-native hockey tournament in the Interior.

B.C. RCMP receive application for Police Cat Services

RCMP announced the launch of the Police Cat Services unit as an April fools joke

Traffic flagger ‘pushed’ by vehicle in Osoyoos on April 18

Aimee Attig is looking for witnesses of the incident that took place on Highway 3 near the AG Foods

Shuswap dancer stays across street from Penticton shooting day after Salmon Arm tragedy

Dancers come for festival, put in lockdown in rec centre, watch police response from Airbnb window

Kirkland Signature veggie burgers recalled due to possible metal fragments

Recalled products came in 1.7 kg packages with a best before date of Apr. 23, 2019

Chaos at the ferry terminal for people heading from Vancouver to the Island

Easter crowds create backlog at Tsawwassen ferry terminal

Vernon-raised BC Was Awesome producer returns home for filming of episode

The topic of this Vernon-featured episode has not yet been revealed.

COLUMN: Bunnies, sexuality and the freedom to read

A book about a gay bunny has been the subject of challenges

Parents of 13 who tortured children get life after hearing victims

One of their daughters fled their home and pleaded for help to a 911 operator

Most Read