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.

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.

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