West Kelowna man who shot tenant during argument sentenced

Charles Maskell was sentenced following guilty plea

—By Cheryl Wierda

A man who shot his tenant during an argument in 2016 faces another 40 months behind bars.

Charles Maskell, 61, was sentenced Monday following his earlier guilty plea to assault causing bodily harm and possession of a loaded firearm in connection to the Dec. 2, 2016 West Kelowna shooting. He was also sentenced for using bear spray on a loss prevention officer last summer.

Back in 2016, Maskell had run into hard times after his mother and brother, who were co-owners of his Glenrosa house, died. Shortly after, he had a heart attack and stroke.

To help cope with the bills, he brought in roommates to help maintain and pay for his Granada Crescent home. However, all were drug users, the court heard, and Maskell also began to actively use heroin.

On the afternoon of Dec. 2, 2016, Maskell was readying to show the house to a prospective buyer when he got into an argument with tenant Robert Delve.

READ ALSO: UPDATE: Guilty plea in 2013 Kelowna murder

At one point, Delve shoved Maskell, who responded by going to his bedroom and arming himself with a handgun. He fired a warning shot into the door frame, the court heard.

Delve did not back down from the argument.

“Mr. Maskell fired a second shot, intending to scare Mr. Delve,” Judge Ellen Burdett said.

Instead, the shot ended up in Delve’s abdomen. It missed all major organs, the court heard, and Delve has since recovered.

Months later, in August 2018, Maskell was shopping at Walmart when a loss prevention officer saw him putting meat in his pocket. When confronted about it, Maskell pulled out bear spray and sprayed the man in the face. The spray also affected a number of people nearby, including a young child.

“There was no reason whatsoever for his actions,” Burdett said.

In giving her decision, Burdett rejected the defence’s request that Maskell be sentenced to 30 months, minus time served, and instead went with a sentence close to the Crown’s request. They had asked for three-and-a-half to four years in custody.

Burdett ruled that Maskell should be sentenced to 3.5 years for the possession of a loaded firearm charge. A three-year sentence for the charge of assault with a weapon will be served concurrently.

After credit for 249 days already served, the sentence will effectively be 40 more months in jail.

That sentence will be followed by six months in custody for the assault with a weapon charge stemming from bear spraying the Walmart loss prevention officer.

The remaining charges Maskell faced in connection with the two incidents have been stayed.

To report a typo, email:


Like us on Facebook and follow us on Twitter.

Just Posted

Update: RCMP confirm body found at Kelowna’s Gyro Beach

Police tape is blocking part of the beach and several RCMP officers are on scene.

Pets still missing after Peachland home fire

Two Pomeranians and two cats are missing after fire

Okanagan-Shuswap weather: A sunny Easter Sunday

Temperatures will peak at approximately 20C region-wide

Petition to stop new cell tower too close to Kelowna homes

An online petition was started to stop cell tower construction near Ellison Elementary School

‘No answers:’ Canadians react to Sri Lanka bombings that killed hundreds

The co-ordinated bomb attacks killed at least 207 people and injured 450 more on Easter Sunday

Regional district backs more consultation on plans to help caribou

It is feared that the caribou recovery plans could result in closure of backcountry areas

Okanagan student shows skill at provincial finals

Aidan Eglin of Armstrong won website development event at Skills Canada’s B.C. finals in Abbotsford

Kootnekoff: Easter Bunny legal woes

Several years ago, our young daughter needed to know: “Is Santa Claus… Continue reading

Okanagan fire department rescues kittens

Enderby homeowner not aware cats were in wood pile in yard near garbage pile fire that got away

Okanagan township’s open burning winds down

Spallumcheen reminds residents of regulation changes as open burning concludes April 30

Children gather for Easter festival in Summerland

Fourth annual Easter Egg-stravaganza included activities and egg hunt

QUIZ: How much do you know about Easter?

Take this short quiz and put your knowledge to the test

Most Read