On May 14, 2019, a jury found Samule McIntosh guilty of aggravated assault and assault with a weapon. (Photo: Samuel McIntosh)

On May 14, 2019, a jury found Samule McIntosh guilty of aggravated assault and assault with a weapon. (Photo: Samuel McIntosh)

North Okanagan man convicted of 2 stabbings yet to be sentenced

Samule McIntosh had his hearing adjourned Friday as counsel gets more medical information

A Vernon man found guilty of stabbing two brothers in the neck with a knife was expected to be handed his sentence Friday, but the hearing was adjourned due to a lack of medical records of the offender.

Samule McIntosh was found guilty by a jury on May 14, 2019 of aggravated assault and assault with a weapon. The charges stem from an incident on Aug. 28, 2016, when McIntosh stabbed Dayton Martens during an altercation near the now demolished Civic Arena in downtown Vernon and his brother, Dakota Martens, shortly after. McIntosh was homeless at the time.

Defence lawyer Ray Dieno submitted to Justice Murray Blok that a medical report for McIntosh, who is in a wheelchair, would be needed in order to weigh the physical toll he would endure in jail before a sentence length could be fairly determined.

With much reluctance and regret at this left turn in the daylong proceedings, Justice Blok ultimately agreed.

“The very unfortunate result is that I conclude that I do not have the information I feel I need to properly assess Mr. McIntosh’s circumstances,” he said.

“I say that with great regret,” Justice Blok continued. “This is far from an ideal manner in which to (handle) any case, let alone a case of such seriousness.”

READ MORE: Vernon man arrested with meat cleaver pleads not guilty to cop assault

READ MORE: Alleged drunk driver behind wheel of 18-wheeler fuel truck arrested in Nanaimo

McIntosh stabbed Dayton in the neck area and subsequently stabbed his brother Dakota in a similar area in what the Crown is calling two separate incidents. McIntosh has previously admitted to both stabbings.

“Dayton’s injuries were very serious and life-threatening,” said McPheeters. “The main wound ran from the base of his skull to his upper back, 15 centimetres in length and gaping open 10 centimetres. It was also four centimetres deep.”

The wound was so deep that it exposed the bones of Dayton’s spine, and the attending physician said he would have bled to death if not for the medical attention he received. Dayton also suffered two other less severe wounds. Dakota suffered one wound that was less severe than his brother’s.

McIntosh said he stabbed the brothers out of self-defence after having been provoked. Neither Crown nor defence have been able to agree on the precise details of the events.

The Crown has asked for three-and-a-half to four years in jail and a lifetime prohibition on owning weapons.

McIntosh — who appeared at the Vernon Law Courts an hour late after sleeping in — was struck by a car in November 2017 that has left him in a wheelchair. His injury is the basis for the defence’s argument that his medical condition needs to be weighed in the sentencing.

McPheeters argued an adjournment had already taken place in August for “the express purpose of obtaining medical information.”

“It appears it’s at least possible he’s putting off going to jail,” she said of McIntosh, who was told by his defence to seek a medical report.

McPheeters said she opposed but “understands” the decision to adjourn once more.

Justice Blok left it to the defence to sort out who will provide the medical report of McIntosh and who will pay for it. Dieno said McIntosh has struggled to find a family doctor who could conduct such a report. Justice Blok later wondered if McIntosh’s physiotherapist couldn’t be used for the purpose, or any of the physicians who attended to him after his car accident.

McIntosh has 89 days of jail time to his credit for time spent in custody, according to McPheeters.

A date for the sentencing will be fixed on Nov. 18. Justice Blok requested a two-day hearing for the remainder of the sentencing.


Brendan Shykora
Reporter, Vernon Morning Star
Email me at Brendan.Shykora@vernonmorningstar.com
Follow us: Facebook | Twitter

Law and justice

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

Just Posted

Trent (left) and Treyden (right) are two of the students in the Mountain Bike Academy getting underway in February, taught by Salmon Arm Secondary’s Chris Stromgren (middle). (School District 83 photo)
Salmon Arm Secondary Mountain Bike Academy ready to roll

Course will help develop students’ riding and leadership skills

The Okanagan Regional Library is holding a pair of online contests for its young readers. (File photo)
Okanagan Regional Library challenges young readers

Pair of contests online aimed at kids aged up to 18

Vernon Winter Carnival Cop John Fawcett (left) and Carnival director Paul Cousins are at Vernon’s Real Canadian Superstore on Anderson Way until 3 p.m. Sunday, Jan. 24, selling raffle tickets for a 2019 Polaris Snowmobile plus $1,000 worth of gear from BDM Motorsports. Tickets are $20. Only 5,000 tickets are being sold. The draw will be made Wednesday, Feb. 17. (Roger Knox - Morning Star)
Vernon Winter Carnival prize sled on display

Grand prize in Carnival raffle draw is 2019 Polaris snowmobile and $1,000 in gear; tickets $20

Auldin Maxwell stacks the 693rd block on the top of record-breaking Jenga tower on Nov. 29. (Submitted)
Salmon Arm boy rests world-record attempt on single Jenga brick

Auldin Maxwell, 12, is now officially a Guinness world record holder.

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

A Dodge Ram pickup similar to this one was involved in a hit-and-run in Lake Country on Saturday, Jan. 16. (Crime Stoppers photo)
Stolen truck involved in Okanagan hit-and-run

Incident happened on Highway 97 in Lake Country just before 1:30 p.m. Saturday, Jan. 16

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Kelowna Fire Department. (FILE)
Early morning downtown Kelowna dumpster fire deemed suspicious

RCMP and the Kelowna Fire Department will conduct investigations into the cause of the blaze

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

Most Read