More than two years later, the court proceedings regarding the break and enter and shooting at a Salmon Arm car wash are over.
The man shot by a police officer in 2017 has pleaded guilty to a charge of flight from a peace officer.
Initially facing 23 counts following the incident at the Xcalibur Kawasaki car wash on Jan. 30, 2017, Kaymen Winter, 25, was sentenced on the one remaining charge on Tuesday, April 16 in Provincial Court in Salmon Arm.
Crown counsel Neil Wibert and defence counsel Matt Ford presented Provincial Court Judge Dennis Morgan with a joint submission regarding sentencing, which the judge deemed appropriate.
Winter was sentenced to two years in jail, but because he has already served 19 months, which is credited at time-and-a-half, the court considers the sentence already served. He has also already served two years on break and enter charges related to the incident.
However, Winter is not a free man. He appeared by video from jail wearing prison-orange coveralls, because he still faces unrelated charges from another part of the province.
Before sentencing, Judge Morgan went over the details of the crime.
Winter was at the car wash, smashing coin boxes to get coins, while his actions were live-streaming to the owner, who called police. Officers parked to prevent him from escaping.
Upon seeing the flashing lights, Winter attempted to escape by manually opening the car wash door and driving towards the police car, causing an officer to jump out of the way. Another officer then shot at Winter’s truck, with a bullet lodging in his head.
(In Feb. 2018, the Independent Investigations Office of B.C. investigated and concluded the officer was justified to shoot at the truck that was accelerating towards another officer)
The court heard Winter has a lengthy criminal record that includes a previous charge of fleeing from an officer and, at the time, was using street drugs and on a crime spree.
Winter normally lives in Surrey, as do his parents. He was put on medication as a child for conditions such as ADHD and the court heard there were lots of drugs in the house when he was growing up.
He was in hospital for two months before the bullet could be safely removed from his brain. The court heard it was a difficult time for him dealing with the injury, while chained to the bed, and handcuffed and shackled when he showered. His lawyer says the injury has left him with some balance, mental health and possibly cognitive issues.
Winter has taken 10 to 12 certificate programs while in jail and plans to go back to school. The court heard he has support from a girlfriend in Chilliwack who has a good job as a flagger.
Defence lawyer Ford stated Winter has been his client for quite a while and is a smart young guy.
“If he turns his life around, he definitely has promise.”
Asked if he wished to speak, Winter remarked: “I just want to close this chapter of my life, it’s been an uncertain two-and-a-half years. Thank you guys for your time, I appreciate all the work you’ve done, especially Matt (his lawyer) and the court.”
Parting remarks from Judge Morgan were: “Everybody hopes you do well in the rest of your life. If we ever see you again, we hope it won’t be in the courtroom.”