The Crown has reduced the charge against a Kamloops man accused of stabbing an acquaintance to death last year in a Valleyview motel.

Prosecutors have filed a new charge of manslaughter against Gordon Camille, 65, who has been in custody since his arrest following the Jan. 26, 2016, slaying of Dennis Adolph. Camille had originally been charged with second-degree murder.

Adolph, 49, was found dead inside a suite at the 4 Seasons Motel.

Camille’s preliminary hearing was held in November 2016 and his three-week trial before a B.C. Supreme Court judge is slated to begin on Jan. 29.

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A Kamloops man who overdosed on a sedative street drug while driving on the Trans-Canada Highway between Dallas and Pritchard has avoided jail.

But Roald Daniel Van Der Merwe, 26, will spend six months living under strict court-ordered conditions after pleading guilty in Kamloops provincial court Tuesday to one count of dangerous driving.

Court heard police received multiple reports of an erratic driver eastbound on the Trans-Canada Highway near Pat Road on the afternoon of Nov. 28, 2016. When a police officer caught up to the vehicle, she observed it “slaloming” between lanes and fluctuating in speed between 5 km/h and 80 km/h.

After five minutes, police called off the pursuit. Van Der Merwe’s vehicle, a Jeep, continued along the highway and drove through a construction zone, knocking over 14 pylons and striking equipment.

The Jeep left the roadway a short time later, slamming into the concrete divider and then veering into the ditch.

The RCMP constable approached the vehicle when she arrived at the scene of the crash.

“There was no odour of alcohol on the driver’s breath, but he did have vomit on his lap,” Crown prosecutor Frank Caputo said, noting doctors gave Van Der Merwe two doses of Naloxone at Royal Inland Hospital.

Caputo said he would have sought jail time if not for Van Der Merwe’s lack of a criminal record.

Defence lawyer Jeremy Jensen said Van Der Merwe tried GHB — also known as the date-rape drug — for the first time a short time before the highway demolition derby.

“He’s fully aware of how lucky he was that no one was injured,” Jensen said. “He’s been entirely sober since.”

Van Der Merwe apologized in court.

“I highly regret what happened and I understand that my substance abuse problem has taken a lot of things from me,” he said. “I’m very happy to know nobody was injured.”

In addition to the conditional sentence order, Van Der Merwe will also be bound by a one-year driving ban.

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A Fraser Valley man charged with first-degree murder in connection with the violent slaying of a woman found dead last year in an Aberdeen motel has been given three weeks to hire a new lawyer.

David Albert Miller appeared briefly in B.C. Supreme Court on Tuesday, where a judge granted his adjournment application.

The 55-year-old is accused of killing Debra Novacluse, 52. Her body was discovered at the Super 8 hotel on Hugh Allan Drive on Aug. 27, 2016.

Police said Miller was identified as a suspect early in the investigation and they tracked his movements to Ontario, where he was arrested in September 2016.

Investigators have said they believe Miller and Novacluse travelled to Kamloops together from Abbotsford prior to the slaying.

Miller has been without a lawyer since last month. In August, he was committed by consent to stand trial in B.C. Supreme Court.

Miller, who has been in custody since his arrest, will return to court on Dec. 4.

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A Cache Creek resident caught purchasing bear parts in a sting operation pleaded guilty and is facing thousands of dollars in fines.

Hong Hui Xie, 48, is being sentenced in Kamloops provincial court on six counts of trafficking under the provincial Wildlife Act. Lawyers for the Crown and defence made a joint submission to judge Roy Dickey for an $18,000 fine.

Prosecutor Jim MacAuley detailed in provincial court on Monday the undercover operation by conservation officers, who sold Xie about $1,300 worth of bear gall bladders, paws and deer meat on three occasions in late 2015 and in the summer of 2016. They were given his contact number by another man who pleaded guilty to similar charges.

Despite the guilty plea, defence lawyer Mitch Foster said Xie may have been drawn in due to his extremely limited English. An interpreter was used in court on Monday.

Foster also noted the unusual reverse sting operation, akin to police selling drugs to users and then arresting them.

“It’s buying. This is not normally what we think of as trafficking,” Foster said, adding conservation officers could have kept up the purchasing for years. “It’s almost like putting three or four radar cameras in a line.”

MacAuley said undercover conservation officers made efforts to ensure Xie understood what he was doing was illegal.

“Mr. Xie then said [in one transaction] he read of a case in the Lower Mainland where someone was buying and selling meat and there were fines of up to $200,000,” MacAuley said.

Xie owns a restaurant in Cache Creek. He has three children and has been in Canada for 25 years. He has no criminal record. Foster said he purchased the products for his own medical care after Western medicine failed him.

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A Cache Creek resident caught purchasing bear parts in a sting operation pleaded guilty on Monday and was sentenced to an $18,000 fine.

Hong Hui Xie, 48, was sentenced in Kamloops provincial court on six counts of trafficking under the provincial Wildlife Act. Lawyers for the Crown and defence made a joint submission to judge Roy Dickey, asking  for an $18,000 fine, $3,000 of which will go to the Habitat Conservation Fund.

Prosecutor Jim MacAuley detailed in provincial court the undercover operation by conservation officers, who sold Xie about $1,300 worth of bear gall bladders, paws and deer meat on three occasions in late 2015 and in the summer of 2016. They were given his contact number by another man who pleaded guilty to similar charges.

Despite the guilty plea, defence lawyer Mitch Foster suggested Xie may have been drawn in due to his extremely limited English. An interpreter was used in court on Monday.

Foster also noted the unusual reverse sting operation, akin to police selling drugs to users and then arresting them.

“It’s buying. This is not normally what we think of as trafficking,” Foster said, adding conservation officers could have kept up the purchasing for years.

“It’s almost like putting three or four radar cameras in a line.”

MacAuley said undercover conservation officers made efforts to ensure Xie understood what he was doing was illegal.

“Mr. Xie then said [in one transaction] he read of a case in the Lower Mainland where someone was buying and selling meat and there were fines of up to $200,000,” MacAuley said.

Dickey also noted Xie was uncomfortable doing the transaction in a parking lot and wanted instead to go inside a restaurant.

Xie owns a restaurant in Cache Creek. He has three children and has been in Canada for 25 years. He has no criminal record.

Foster said he purchased the products for his own herbal therapy after Western medicine failed him.

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A Kamloops man who beat up a 15-year-old girl this past summer has been handed a jail sentence.

Shad Russell, 38, pleaded guilty in B.C. Supreme Court in Kamloops on Tuesday to assault, the charge stemming from an Aug. 4 altercation with a teen, whose name is protected by a court-ordered publication ban.

Court heard Russell was not feeling well on the day of the attack and asked the teen to find his drugs. When she could not find them, he began to beat her.

Russell was arrested the following day and had been in custody since. He was given credit for more than five months spent behind bars and sentenced to time served plus a day.

Russell will also be bound by a two-year probation term with orders barring him from possessing weapons or having contact with the girl. He will also be required to submit a sample of his DNA to a national criminal database.

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Charges have been laid in connection to a pair of alleged violent incidents in east Kamloops on Monday afternoon.

John Andrew Stark, 31, has been charged with eight counts including attempted murder with a firearm, pointing a firearm and two counts of aggravated assault.

Stark is alleged to have broken into a Campbell Creek home on Monday afternoon and attacked the homeowner when he returned from work just after 4 p.m.

According to police, Stark then went next door and stabbed the owner of that home. He was apprehended a short time later by an off-duty police officer who lives in the area, Mounties have said.

The stabbing victim has since been released from Royal Inland Hospital but the other homeowner remains under medical care. RCMP Cpl. Jodi Shelkie said no shots were fired during the incident, despite the allegation Stark committed attempted murder with a firearm.

A date for Stark’s first appearance in Kamloops provincial court has not yet been set.

Residents in Campbell Creek told KTW they were shocked by the incidents, which took place on the usually quiet cul de sac of Coyote Drive.

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A Kamloops man arrested earlier this year who police said was linked to a rash of break-ins is expected to plead guilty later this month.

Michael Kenneth Stone was arrested in March after police spotted a stolen vehicle outside a Kamloops motel room. Mounties later searched the room and found drugs and more stolen property inside, according to a press release issued at the time. According to the release, Stone and two other people found in the room were believed to have been linked to a series of commercial break-ins in early March.

Stone, 51, is charged with willfully resisting or obstructing a peace officer, mischief under $5,000 and two counts of possession of a controlled substance.

According to court documents, he is scheduled to enter a guilty plea on Nov. 27, but it is not yet known to which charges he will plead guilty.

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A former employee of a Kamloops-area First Nations band who admitted to stealing more than $125,000 from her employer to finance a gambling habit will spend a year in prison.

Betty Antoine, 62, pleaded guilty in Kamloops provincial court to one count of theft over $5,000.

She spent 10 years working in the office of the Bonaparte Indian Band, northwest of Cache Creek, before her theft came to light.

Court heard Antoine stole $126,000 over a two-year span. The band claims she actually stole an amount closer to $176,000.

In a report filed in court, Antoine, a Scandinavian immigrant who married into a First Nations family in her 20s, said she felt frustrated at work and claimed she was passed over for raises and promotions because of her white skin.

“She expressed that she felt singled out over being Caucasian and therefore treated poorly by certain staff and band members,” provincial court Judge Stella Frame said in her sentencing decision, noting an “apparent lack of remorse” in the comments.

“She felt she was owed financial compensation for all of the extra work she had done,” Frame said.

Defence lawyer Eric Rines proposed a three-year probation term for Antoine, while Crown prosecutor Chris Balison suggested a jail sentence of at least one year.

Frame sided with the Crown.

“There was a very significant harm done to a vulnerable community and a breach of trust of Ms. Antoine’s employer,” Frame said. “The impact is more far-reaching than the sum of money lost.”

In addition to 12 months behind bars, Frame also ordered Antoine to spend a further 18 months on probation.

The judge also ordered Antoine to repay $126,000 to the Bonaparte Indian Band.

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A Kamloops man accused of killing a teenager in a hit-and-run crash in Aberdeen last year could face new charges.

Jason Gourlay was not present in B.C. Supreme Court in Kamloops on Tuesday as lawyers met ahead of a voir dire hearing expected to begin in March. A voir dire is a hearing at which a judge determines which evidence will be admissible at trial.

The 42-year-old Gourlay is facing charges of failing to remain at the scene of an accident and tampering with evidence in connection with the Nov. 4, 2016, crash that killed Jennifer Gatey, 16.

In court on Tuesday, Crown prosecutor Neil Flanagan said he is awaiting a report from a forensic engineer — new disclosure that could result in additional charges.

A Jeep belonging to Gourlay was identified early in the investigation as having potentially been involved with Gatey’s death. The vehicle was seized four days after the crash and police said forensic evidence was being collected.

Defence lawyer Jeremy Jensen took issue on Tuesday with the potential new forensic evidence.

“The defence has some concern about the timing of this upcoming disclosure,” he said. “Subject to what it is, it may add more time to the voir dires, the trial, et cetera.”

Gourlay is free on bail, living under strict conditions in a Kamloops motel. His four-week trial is expected to begin on March 26, 2018. A five-day voir dire hearing is slated to take place before then.

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The Kamloops Law Courts is undergoing a $1.3-million facelift.

Construction crews have torn down the front staircase of the venerable brick building on Columbia Street and removed the front parking lot, rendering two of the three public entrances to the courthouse temporarily inaccessible.

According to a statement to KTW from the Ministry of Attorney General, the upgrades were given the go-ahead after workers determined the courthouse’s exterior staircase had deteriorated from age and weathering.

For about five years prior to work commencing last month, the staircase, made of concrete and brick, was propped up by wooden supports.

“The front stairwell will be replaced with a new design,” reads the statement from the ministry.

“Work also includes skylights, exterior lighting and balcony repair. As part of the upgrade, landscaping and changes to the parking area will improve access for the public.”

According to the ministry, the work is expected to be completed by the end of March. The price tag is an estimated $1.27 million.

While construction is ongoing, public access to the courthouse will be through the door on the south side of the building. The access road between the courthouse and Columbia Street remains closed during the upgrades.

“During construction, signage points out pedestrian and wheelchair accessible ways to enter the building,” the statement from the ministry reads.

The Kamloops Law Courts opened its doors in 1984, replacing the old courthouse which still stands at First Avenue and Seymour Street. The current courthouse was constructed on land owned by the provincial government and previously home to the old Kamloops Provincial Jail.

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Three universities that challenged a ruling by the B.C. property assessment review board, including Thompson Rivers University, have lost in B.C. Supreme Court.

TRU, Simon Fraser University and University of B.C. sought a review by the B.C. Supreme Court on whether commercial properties on campus are taxable.

The properties in question at TRU are Urban Market, Heroes Pub (now called The Den), Tim Hortons, International Cafe and Upper Level Cafe. All are operated by Aramark Canada Ltd.

The property-assessment board found the operators are running for-profit ventures and are not in a partnership or joint venture with the universities. The universities incur some overhead, however, including janitorial and facility costs.

B.C. Supreme Court Justice Ronald Skolrod declined to overturn the decision, arguing it is a reasonable interpretation that the properties are not held or controlled by the universities.

TRU’s vice-president of administration and finance, Matt Milovick, said the sum lost to taxation is not substantial, but otherwise would have gone into areas including teaching, research and student life.

Milovick said the decision does not impact the university’s community trust development, The Reach, noting future retail businesses will continue to pay tax as they normally would.

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A Kamloops police officer has been awarded more than $700,000 by a B.C. Supreme Court judge as a result of injuries sustained in a crash seven years ago.

Gary Senner, who retired from his job as an RCMP sergeant last year, suffered headaches and fatigue following the on-duty collision while driving an RCMP surveillance van on Feb. 15, 2011. He also suffered a mild traumatic brain injury after the crash sent his covert police vehicle into a Mount Paul Way ditch.

Senner, 61, headed up the Kamloops RCMP detachment’s drug unit in 2008 when it dismantled the leadership of the local cell of the Independent Soldiers gang. He also worked regularly as a pool undercover operator in investigations across Canada — a role in which he was described by superiors as “a top performer,” court heard.

On the day of the accident, Senner was driving an undercover RCMP Chevrolet Venture minivan from his Heffley Creek home to an undisclosed drop location in Kamloops. He was speeding on Mount Paul Way when he collided with another vehicle at Athabasca Street.
The van rolled and Senner was discovered unconscious in the driver’s seat.

The vehicle Senner struck, described in court as a tractor, was pulling onto Mount Paul Way from Athabasca Street. Experts determined Senner’s van was travelling between 65 km/h and 79 km/h in a 50 km/h zone. A report entered in court said the collision could have been avoided if the van was travelling at the legal speed limit.

B.C. Supreme Court Justice Hope Hyslop ruled Senner would have been promoted to staff sergeant and would still be working as a Mountie if not for the collision.

Hyslop found Senner to be 10 per cent at fault for the collision.

She awarded him nearly $500,000 for income he would have received as a staff sergeant working until age 65, plus almost $150,000 for pain and suffering, among other costs, for a total of $708,000.

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A former National Hockey League enforcer is scheduled to stand trial in a Kamloops courtroom this week on allegations he breached his probation and failed to show up to court.

Rudy Poeschek’s one-day trial is slated to take place Thursday in Kamloops provincial court.

Poeschek, 51, was charged with breaching his probation following an alleged incident in Kamloops on July 18, 2016. He told KTW he forgot to report to his probation officer.

Poeschek had been scheduled to stand trial in June, but a warrant for his arrest was issued — and later vacated — when he did not appear in court.

Poeschek had previously told KTW his memory is failing him and he simply forgot to meet with his probation officer. He also said he nearly forgot to show up to an earlier court date in November.

Poeschek is one of a number of former NHL players suing the league, alleging officials knew of the dangers posed by repeated head injuries and concussions.

In a series published in KTW in 2015, a Boston-based neurosurgeon suggested Poeschek may be suffering from chronic traumatic encephalopathy (CTE), a chronic brain disease found to have afflicted many former hockey and football players.

Robert Cantu described CTE as being similar to Alzheimer’s disease.

“It’s essentially caused by rattling your brain around in your head — a lot,” he told KTW.

CTE played a role in a lawsuit filed by former NFL players against that league. In that case, the two sides reached a settlement in 2015 believed to have been worth more than USD$1 billion.

Poeschek was an enforcer in the NHL over parts of 12 seasons. He was selected by the New York Rangers in the 12th round of the 1985 NHL Entry Draft while playing junior hockey in his hometown of Kamloops.

After a playing career that ended in 2001, Poeschek was arrested eight times while living in Tampa, Fla., culminating in a March 13, 2005, demolition derby that landed him behind bars. He moved with his family to Kamloops after his release from a Florida jail.

Poeschek was on probation last summer as part of a sentence he received after pleading guilty to a string of criminal charges — one count of assault and three of driving while prohibited — in 2015. He was jailed for 45 days and placed on an 18-month probation term.

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A Kamloops man accused of beating a teenager into a coma following a high-school graduation party in June 2016 is proceeding with his attempts to have his trial moved out of Kamloops.

Kristopher Teichrieb is facing charges of attempted murder and aggravated assault in connection with the June 19, 2016, beating of 18-year-old Jessie Simpson, who remains in Royal Inland Hospital and has since turned 20.

Simpson was beaten near Teichrieb’s home, in the area of Holt Street and Clifford Avenue in Brocklehurst, in the early morning hours.

Teichrieb’s lawyer, Jordan Watt, filed an application last month to have the trial moved to Kelowna in order to give his client a fair trial, given the notoriety of the allegations.

In B.C. Supreme Court on Monday, Watt said prosecutors are reviewing his information, noting it is possible the change-of-venue application will proceed with the Crown’s consent.

Lawyers will return to court on Dec. 18 to provide an update on their progress.

Simpson’s friends and family have said the Savona teen and South Kamloops secondary student was celebrating high-school graduation in the hours leading to the assault.

Teichrieb was arrested shortly after the attack and has been in custody since.

After spending months in a coma, Simpson began to wake up following a brain surgery in January. Since then, his condition has fluctuated and he has been sent to RIH’s intensive-care unit multiple times.

Simpson’s mother, Susana, told KTW in October her son’s condition had improved somewhat. In June, a B.C. Supreme Court judge declared Simpson legally infirm, appointing his mother to act on his behalf.

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A transgender Kamloops woman who pulled a knife on an acquaintance who “taunted her” and called her a man is getting out of jail after nearly three months behind bars.

Ariana Evans, 29, pleaded guilty in Kamloops provincial court on Monday to one count of possessing a weapon for a dangerous purpose and two counts of breaching probation.

Court heard police were flagged down by a passerby in the area of Yew Street and Tranquille Road on Sept. 15.

The passerby said two women were fighting in a nearby alley. The complainant had sought refuge in a nearby business. Evans was found by police a short distance away.

She was arrested and has been in custody since.

Defence lawyer Michelle Stanford said the complainant had been “taunting” Evans and calling her a man. She described Evans’ transition as “a very sensitive issue for her.”

Kamloops provincial court Judge Roy Dickey sentenced Evans to time served and ordered she submit a sample of her DNA to a national criminal database.

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Charges have been laid against a 29-year-old North Thompson man in connection with a highway chase last month that included the ramming of a police vehicle.

According to Kamloops RCMP Cpl. Jodi Shelkie, the incident began when a police officer attempted to pull over a white SUV near Heffley Creek on Nov. 22.

“The driver refused to stop and drove recklessly before driving into the passenger side of a police car,” she said. “The vehicle then sped away.”

The SUV was found abandoned the following day, Shelkie said, and a suspect was identified.

Joshua Real Charles Foucault is facing charges of dangerous operation of a motor vehicle, flight from police, assaulting a police officer with a weapon and breach of probation.

Shelkie said Foucault was arrested without incident in Barriere on Monday. He is slated to appear in Kamloops provincial court for a bail hearing on Tuesday.

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A Kamloops man accused of engaging police in multiple shootouts before holing up in his parents’ home for 17 hours in October has had his bail hearing delayed by a week.

Shane Caron had been slated to apply for bail in Kamloops provincial court on Monday, but that hearing is now expected to take place on Dec. 11.

The 35-year-old is facing a dozen charges — including four counts of attempted murder for allegedly opening fire on RCMP officers — stemming from the events of Oct. 27.

On that morning, police have said, Caron is alleged to have assaulted his ex-girlfriend in a North Shore home before emerging from that house armed with a rifle and fleeing in a pickup truck.

Police followed and Caron is alleged to have opened fire on Mounties on four separate occasions before entering his parents’ home at the G&M Trailer Court on the Tk’emlups Indian Band reserve off Highway 5 North.

He was arrested at 4 a.m. the following day after hours of negotiations with police.

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A Kamloops man charged in connection with an alleged armed robbery in a Brocklehurst apartment last month during which a bullet was errantly fired into a neighbouring suite is expected to seek bail next week.

Bradley John Hartling, 28, is facing charges including unlawfully discharging a firearm, assault with a weapon, careless use of a firearm, armed robbery and uttering threats.

Court records show he is scheduled to apply for bail in Kamloops provincial court on Tuesday, Dec. 12.

Hartling is alleged to have entered a suite in an apartment building at 805 Holt St. on Nov. 4 armed with a gun.

Police said a bullet from that firearm went through a wall and struck a 24-year-old man in a neighbouring apartment. He was treated for minor injuries and released from hospital.

Police said Hartling was traced to a home in Paul Lake, where he was arrested.

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A former NHL enforcer who suffers from memory loss he blames on his time spent fighting on the ice was given a break by a Kamloops judge on Thursday.

Rudy Poeschek pleaded guilty in Kamloops provincial court to breaching his probation. He had also been facing a charge of failure to appear in court, but that allegation was dropped by the Crown.

Poeschek was on probation after pleading guilty to an assault charge stemming from an argument he had with a woman following a fender bender in a Brocklehurst parking lot.

Court heard he didn’t report to his probation officer in the summer of 2016, despite being given extra leeway because of his memory problems.

Prosecutor Katie Bouchard suggested a $250 fine.

“I don’t doubt that he does have some memory issues, but probation was bending over backwards to get him to report and he was always coming up with another excuse,” she said.

A Boston-based neurosurgeon who specializes in the impact head injuries have on athletes previously told KTW Poeschek is likely suffering from chronic traumatic encephalopathy (CTE), a degenerative brain disease found to have afflicted many former hockey and football players. The disease cannot be confirmed until death.

Poeschek, who represented himself in court, told Judge Mariane Armstrong his career as a tough guy has taken a toll on him.

“I had over 400 hockey fights between junior, the pros and the minors,” he said. “It’s only been in the last four years that I’ve started to develop symptoms [of CTE]. I’ll phone to make an appointment and then, two hours later, I’ll ask my wife, ‘Did I call to make that appointment?’ Probation was just setting me up to fail.”

Poeschek is involved in a lawsuit being pursued by former players against the NHL, alleging the league knew the risks players were taking with repeated hits to the head but did not do enough to prevent injuries. He told court the symptoms cost him his job in the mining industry, which has left him in rough financial shape.

“I opted to take my NHL pension in a lump sum,” he said. “But I’m involved in a concussion lawsuit against the NHL. The money I have should last me about three years.”

Armstrong ordered Poeschek to pay a $100 fine.

“Mr. Poeschek, know that this is going to be a problem you’re going to have in the future,” she said. “It’s just going to get worse if you end up back here.”

CTE played a prominent role in a lawsuit filed by former National Football League players against that league. In that case, the two sides reached a settlement in 2015 believed to have been worth more than US$1 billion.

Researchers confirmed Ty Pozzobon, the Merritt bullrider who killed himself earlier this year, had CTE. It has also been found in the brains of dozens of former professional football players and multiple hockey players.

Poeschek was an enforcer in the NHL over parts of 12 seasons. He was selected by the New York Rangers in the 12th round of the 1985 NHL Entry Draft while playing junior hockey for his hometown Kamloops Blazers.

After a playing career that ended in 2001, Poeschek was arrested eight times while living in Tampa, Fla., culminating in a March 13, 2005, demolition derby in his upscale neighbourhood that landed him behind bars. He moved with his family to Kamloops after his release from a Florida jail.

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