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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

‘It’s still early’: Flu rates down so far this year at Interior Health

At Kelowna General Hosptial, there have been about 50 confirmed cases

Warriors introduce new leadership core, look for bounce back after Friday loss

West Kelowna’s three-game winning streak ended Friday with a 6-3 loss

One-woman comedy show coming to Kelowna next week

Cree actress Michelle Thrush will be performing at Rotary Centre on Jan. 24 and 25

Undermanned Rockets come close in 1st game of road-trip with 3-2 loss to Silvertips

Kelowna continues the three-game stretch Saturday night in Portland

UBCO partners with Boeing to test new anti-ice coating technology

The coating could one day be applied to all airplanes to prevent ice buildup

‘Like an ATM’: World’s first biometric opioid-dispensing machine launches in B.C.

First-of-its-kind dispensing machine unveiled in the Downtown Eastside with hopes of curbing overdose deaths

Canucks extend home win streak to 8 with 4-1 triumph over Sharks

Victory lifts Vancouver into top spot in NHL’s Pacific Division

BC Green Party leader visits northern B.C. pipeline protest site

Adam Olsen calls for better relationship between Canada, British Columbia and First Nations

Priest Camp near Summerland was created in 1845

Agreement formed between Grand Chief Nicola (1793-1859) and Father Giovanni Nobili (1812-1856)

‘Extensive’ work planned at Big Bar landslide ahead of salmon, steelhead migration

Fisheries Minister Bernadette Jordan visited the site of the slide from June

B.C. society calls out conservation officer after dropping off bear cub covered in ice

Ice can be seen in video matted into emaciated bear cub’s fur

Horgan cancels event in northern B.C. due to security concerns, says Fraser Lake mayor

The premier will still be visiting the city, but the location and day will not be made public

B.C. landlord sentenced to two years in jail for torching his own rental property

Wei Li was convicted of intentionally lighting his rental property on fire in October 2017

B.C. town spends $14.14 per resident for snow removal in one month

Costs of snow removal to the Town of Princeton skyrocketed in December.… Continue reading

Most Read