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

In photos: The 27th Annual Salmon Arm Roots and Blues Festival

Images from Friday evening and Saturday at the festival grounds.

Summerland cannabis shop receives approval in principle

Inspection now required before Green Gaia may sell cannabis

North Okanagan-Shuswap Liberal candidate responds to Trudeau ethics report

Prime Minister’s immediate response to commissioner’s findings appreciated

Shuswap tow truck operator sees high number of collisions this summer

Drivers encouraged to “loosen up behind the wheel, smarten up and read the road”

VIDEO: Langley Ribfest met with protesters

Groups that oppose the event for various reasons plan to be on site each of the three days.

Canadians killed in Afghanistan honoured during emotional dedication ceremony

One-hundred-fifty-eight Canadian soldiers died during the mission

It’s snow joke: Up to 30 cm of snow expected to fall in northeastern B.C.

Alaska Highway, Fort Nelson to be hit with August snowstorm, according to Environment Canada

‘I’m just absolutely disgusted’: Husband furious after B.C. Mountie’s killer gets day parole

Kenneth Fenton was sentenced to prison after he fatally struck Const. Sarah Beckett’s cruiser

Sea-to-Sky Gondola in B.C. likely out of commission until 2020

Sea to Sky Gondola carries between 1,500 and 3,000 people every day during the summer season

Helicopter-riding dog Mr. Bentley now featured on cans of new B.C.-made beer

Partial proceeds from every pack go to Children’s Wish

PHOTOS: Weapons seized at Portland right-wing rally, counterprotests

Not all who gathered Saturday were with right-wing groups or antifa

Retrieved body from Okanagan Lake identified as missing kayaker

Zygmunt Janiewicz had been missing since May and was recovered Aug. 10

Paddleboard festival coming soon to Kalamalka Lake

Wildfire smoke got in the way of last year’s event, but conditions look better this summer

Most Read