An image from the The Independent Investigations Office of B.C. report into the Jan. 30, 2017 RCMP-involved shooting at the Xcallibur Kawasaki car wash. (Photo contributed)

Man shot during flight from Shuswap car wash pleads guilty

Kaymen Winter, 25, sentenced to two years for fleeing police officers in 2017

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.

Read more: Investigators in shooting find only police weapon

Read more: Charges in car wash shooting stalled

Read more: Lawyer says RCMP cleared in car was shooting

Read more: RCMP officer officially cleared in shooting incident

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.

In Salmon Arm court, he was also sentenced to six months for stealing a wallet in Calgary. He was carrying the stolen ID when he was arrested in Salmon Arm.

Winter normally lives in Surrey, as do his parents. He was put on medication as a child for conditions such as ADHD (attention deficit hyperactivity disorder) and the court heard there were lots of drugs in the house when he was growing up.

Read more: Man shot by police in 2017 pleads guilty to string of offences

Read more: Accused in Salmon Arm car wash incident to stand trial

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.”


@SalmonArm
marthawickett@saobserver.net

Like us on Facebook and follow us on Twitter

 

Just Posted

One-day-a-year open house for Okanagan raptor rehab centre on May 5

The 31st annual open house for SORCO Raptor Rehab Centre is May 5

Okanagan-Shuswap weather: Sun makes way for rain clouds

Environment Canada is forecasting a mixed bag of conditions

Hundreds join in Easter Fun Days in Keremeos

Kids and parents enjoyed some free family fun time at Don and Anna’s in Keremeos.

Maxime Bernier, leader of People’s Party of Canada, to rally support in Kelowna

The PPC has 36,000 member and plans to run candidates in all 338 ridings

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.

Sri Lanka invokes war-time military powers after nearly 300 killed in Easter bombings

Sri Lanka’s minister of tourism says 39 foreign tourists were killed in the Easter Sunday attacks

Trudeau to be portrayed on ‘Simpsons’ episode

Toronto journalist who’s posted videos of himself doing impressions of the PM voiced him for the show

Big Sugar headlines Gonzo Okanagan tournament and festival

The second annual event will take place June 14

Elizabeth May’s wedding dress a ‘walk through a garden’ on Earth Day

Green Party leader set to get married in Victoria

Salmon Arm inventor creates rooftop sprinklers to protect from wildfires

The Water Winger can be placed at the peak of a roof without climbing a ladder

Video: South Okanagan business owner distraught over thefts

Video shows two suspects enter the Penticton store

Bodies of 3 mountain climbers recovered after last week’s Banff avalanche

The men disappeared while attempting to climb the east face of Howse Peak in the Icefields Parkway

Happy birthday: Queen Elizabeth II turns 93 on Easter Sunday

Sunday is the first of two birthday celebrations each year for the queen

Kelowna History: Street name origins

Have you ever wondered who the streets were named after?

Most Read