West Kelowna man who shot roommate to be sentenced next year

West Kelowna man who shot roommate to be sentenced next year

A West Kelowna man who shot one of his tenants and, months later while on bail, bear-sprayed a crowd outside of a Walmart, could be in prison until he’s a senior citizen.

Charles William Maskell, 61, was arrested December 2016 for shooting his roommate, Robert Delve and will be sentenced in the new year.

In sentencing submissions Friday, Crown counsel Nick Lerfold told the court that he’d like to see Maskell serve somewhere between three-and-a-half to four years behind bars for the two crimes.

Maskell, Lerfold told the court, had let Delve and three others move in to the top floor of his ‘70s-style Glenrosa area home to help him renovate earlier in 2016. Their help came in exchange for rent. He had two other tenants who were paying rent in the basement.

Maskell had fallen onto hard times, and had hoped to sell the property to stay afloat.

On Dec. 2, 2016, a real estate agent had scheduled a showing, and the tenants of the home were running around trying to get the house ready.

Between noon and 12:30 p.m., Delve and Maskell got into an argument.

Each man says the other was upset and causing the argument.

What they agree on, however, is that at some point Delve shoved Maskell into the wall of the dining room.

Maskell hit the floor, and Delve said he went onto the deck of the house which was the point of entry for Maskell’s room.

At first Delve walked by, but then he doubled back and started to enter Maskell’s room.

Maskell was in the room with his revolver, and fired off a shot he claims was to scare away Delve. That bullet went into the doorframe at abdomen height.

Delve kept advancing, said Lerfold, and Maskell shot again, this time shooting Lerfold.

Maskell went and alerted the other people in the home and they took Delve to the Glenrosa ambulance where he was treated and transported to the hospital.

He was stitched up and the bullet, which missed his essential organs, is still him him today, said Lerfold.

“(Delve) declined to offer a victim impact statement,” said Lerfold.

Months after the shooting, after being released on bail, Maskell was living in Beaverdell and had travelled into Kelowna’s Walmart to get groceries.

A loss prevention officer watched him grab a bag of deli meat and put it in his back, right pocket during his trip.

When he went to the cashier, he paid for the other items he’d collected but not the deli meat. The loss prevention officer then stopped him and asked if he’d paid for the meat in his pocket.

READ ALSO: MASKELL PLEADS GUILTY

Maskell told him that he forgot he had it there, and dropped it.

Then Maskell said “get a load of this” and bear sprayed the loss prevention officer twice. In the process, two women and three children were also sprayed.

Lerfold said that it was very similar to a robbery.

In his defence, lawyer Paul McMurray told Kelowna provincial court judge Ellen Burdett that Maskell is a former tattoo artist and was being exploited by Delve and another tenant when the shooting occurred. McMurray said his client had fallen on hard times both emotionally and financially after his mother and brother died. They had bought the West Kelowna home together and when he died Maskell didn’t have enough money to pay the mortgage, which is why he turned to Delve and the others.

His lawyer claimed that Delve took at least $15,000 out of his bank account and got him hooked on drugs.

Because of the rough condition he was in McMurray said he thought that a sentence less than two years, once time served was factored in, would be appropriate and would keep Maskell out of a federal prison and in provincial custody.

Originally, the charges he faced included attempted murder for a criminal organization, but on Monday he pleaded guilty to assault causing bodily harm and possession of a loaded weapon.

He also pleaded guilty to the charge of assault with a weapon for the Walmart offence.

Burdett will make her decision in the new year.

To report a typo, email:
newstips@kelownacapnews.com
.


@KelownaNewsKat
kmichaels@kelownacapnews.com

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

Police outside a home on Leathead Road on Monday evening. (Jen Zielinski - Black Press Media)
Police presence at home near Ben Lee Park in Rutland

Several RCMP cruisers are on scene; Leathead closed between Franklyn and Hollywood

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
253 new COVID-19 cases, 4 more deaths in Interior Health over the weekend

More than 1,000 cases in the region remain active

Sunnybank
COVID-19 related deaths at Oliver, West Kelowna and Vernon senior care homes

Sunnybank, Heritage Retirement Residence and Noric House recorded deaths over the weekend

Man arrested at home on Byrne Avenue. (Michael Rodriguez - Capital News)
Reports of Kelowna house fire with entrapment unfounded, man arrested

The report prompted a large response by emergency crews

Benvoulin Church in Kelowna. (Image: Prime Light Media)
UPDATE: Council approves designation for Kelowna’s Benvoulin Heritage Park

Benvoulin Heritage Park will be protected in perpetuity by a city bylaw

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

Interior Health confirms vaccination of priority populations has begun in Salmon Arm. THE CANADIAN PRESS/Nathan Denette
COVID-19 vaccinations underway in Salmon Arm

Interior Health confirms vaccination of priority populations has begun

This is the location, 3240 Skaha Lake Road, of where BC Housing plans to build a four storey supportive housing project for the homeless and at risk of being homeless. (Jesse Day Western News)
Penticton mayor and MLA concerned about new BC Housing project

‘Penticton already has its fair share’ of BC Housing projects

Interior Health declared the COVID-19 outbreak at McKinney Place long term care home over Monday, Jan. 18, 2020. (File photo)
COVID-19 outbreak at McKinney Place care home declared over

‘This has been one of our most challenging outbreaks so far,’ says chief medical health officer

Penticton Bylaw officer Glenn Smith, as well as resident Zak Laycock (not pictured), received the Governor General Award from the Royal Canadian Humane Association to recognize their heroism in a summer 2019 incident. (Contributed)
Bylaw officer and Penticton resident given awards for intervening in sexual assault

Bylaw officer Glenn Smith said he was simply in the right place at the right time

Hillview Elementary students Emma Li and Mina Nadeau were awarded by the Premier’s office for winning the annual holiday card contest. (Karen Rogers photo)
North Okanagan students’ art featured on Premier’s cards

Hillview youth chosen for annual holiday card contest

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

An elk got his antlers caught up in a zip line in Youbou over the weekend. (Conservation Officer Service Photo)
Elk rescued from zip line in Youbou on Vancouver Island

Officials urge people to manage items on their property that can hurt animals

Most Read