An image from the The Independent Investigations Office of B.C. report into the Jan. 30, 2017 RCMP-involved shooting at the Xcallibur Kawasaki car wash. (Photo contributed)

Man shot during flight from Shuswap car wash pleads guilty

Kaymen Winter, 25, sentenced to two years for fleeing police officers in 2017

More than two years later, the court proceedings regarding the break and enter and shooting at a Salmon Arm car wash are over.

The man shot by a police officer in 2017 has pleaded guilty to a charge of flight from a peace officer.

Initially facing 23 counts following the incident at the Xcalibur Kawasaki car wash on Jan. 30, 2017, Kaymen Winter, 25, was sentenced on the one remaining charge on Tuesday, April 16 in Provincial Court in Salmon Arm.

Crown counsel Neil Wibert and defence counsel Matt Ford presented Provincial Court Judge Dennis Morgan with a joint submission regarding sentencing, which the judge deemed appropriate.

Winter was sentenced to two years in jail, but because he has already served 19 months, which is credited at time-and-a-half, the court considers the sentence already served. He has also already served two years on break and enter charges related to the incident.

However, Winter is not a free man. He appeared by video from jail wearing prison-orange coveralls, because he still faces unrelated charges from another part of the province.

Read more: Investigators in shooting find only police weapon

Read more: Charges in car wash shooting stalled

Read more: Lawyer says RCMP cleared in car was shooting

Read more: RCMP officer officially cleared in shooting incident

Before sentencing, Judge Morgan went over the details of the crime.

Winter was at the car wash, smashing coin boxes to get coins, while his actions were live-streaming to the owner, who called police. Officers parked to prevent him from escaping.

Upon seeing the flashing lights, Winter attempted to escape by manually opening the car wash door and driving towards the police car, causing an officer to jump out of the way. Another officer then shot at Winter’s truck, with a bullet lodging in his head.

(In Feb. 2018, the Independent Investigations Office of B.C. investigated and concluded the officer was justified to shoot at the truck that was accelerating towards another officer)

The court heard Winter has a lengthy criminal record that includes a previous charge of fleeing from an officer and, at the time, was using street drugs and on a crime spree.

In Salmon Arm court, he was also sentenced to six months for stealing a wallet in Calgary. He was carrying the stolen ID when he was arrested in Salmon Arm.

Winter normally lives in Surrey, as do his parents. He was put on medication as a child for conditions such as ADHD (attention deficit hyperactivity disorder) and the court heard there were lots of drugs in the house when he was growing up.

Read more: Man shot by police in 2017 pleads guilty to string of offences

Read more: Accused in Salmon Arm car wash incident to stand trial

He was in hospital for two months before the bullet could be safely removed from his brain. The court heard it was a difficult time for him dealing with the injury, while chained to the bed, and handcuffed and shackled when he showered. His lawyer says the injury has left him with some balance, mental health and possibly cognitive issues.

Winter has taken 10 to 12 certificate programs while in jail and plans to go back to school. The court heard he has support from a girlfriend in Chilliwack who has a good job as a flagger.

Defence lawyer Ford stated Winter has been his client for quite a while and is a smart young guy.

“If he turns his life around, he definitely has promise.”

Asked if he wished to speak, Winter remarked: “I just want to close this chapter of my life, it’s been an uncertain two-and-a-half years. Thank you guys for your time, I appreciate all the work you’ve done, especially Matt (his lawyer) and the court.”

Parting remarks from Judge Morgan were: “Everybody hopes you do well in the rest of your life. If we ever see you again, we hope it won’t be in the courtroom.”


@SalmonArm
marthawickett@saobserver.net

Like us on Facebook and follow us on Twitter

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

 

Just Posted

Central Okanagan schools ready to welcome students back

Students are set to go back to school next Monday, June 1

Van runs over fire hydrant, spraying water into West Kelowna mobile home park

The incident occurred around 5:40 p.m. near Boucherie Road

North and Central Okanagan on flood watch

Kalamalka Lake users are asked to take measure to reduce the risk… Continue reading

Okanagan-shot film “The Colour Rose” wins two cinematography awards

Locations in the Okanagan were used such as; The Casorso residence, BNA, Father Pandosy, Venture Academy and Idabel Lake Resort

B.C. legislature coming back June 22 as COVID-19 emergency hits record

Pandemic restrictions now longer than 2017 wildfire emergency

PHOTOS: Loved ones reunite at an oasis on closed U.S.-Canada border in Surrey

Officials closed the park in mid-March over coronavirus concerns

B.C.’s labour minister should look at pandemic’s financial carnage amid minimum wage increase

The timing couldn’t be worse for any government decision that drives up costs for business, writes Jock Finlayson

Feds delay national action plan for missing and murdered Indigenous women

Meanwhile, the pandemic has exacerbated the violence facing many Indigenous women and girls

Morning Start: How long can humans hold their breath underwater?

Your morning start for Thursday, May 2020.

100 miles in 24 hours: a B.C. man’s mission to support the less fortunate

Merrit’s Darius Sam felt a responsibility to help his community after encounter with a starving woman

Houseboat company partly owned by Shuswap MLA withdraws controversial ad

The ad welcomed houseboaters from other provinces, contradicting anti COVID-19 measures.

Squabble between campers in North Shuswap leads to bear spraying

An argument over late night partying escalated into a fight which led to one person being sprayed

B.C.’s essential grocery, hardware store employees should get pandemic pay: retail group

Only B.C.’s social, health and corrections workers are eligible for top-ups

Most Read