Man found not guilty of killing sex partner

A Salmon Arm man accused of strangling an Armstrong woman to death during sex has been found not guilty of manslaughter.

Logan Scott, 34, was arrested and charged nine months after the November 2013 death of Jillian McKinty, who was found dead in her home.

McKinty was a mother of two young twin boys, who were home on Wolfenden Terrace in Armstrong when their 27-yearold mother died the morning of Nov. 27.

Police first called the incident a sudden death and did not suspect homicide until later.

Scott pleaded not guilty to the charge.

“He said they were having sexual relations, she was on top, she wrapped her shirt around her neck and then leaned back and just laid there,” said Justice Arne Silverman in a Kelowna court Tuesday morning. “Not long after, he determined that her skin had turned blue or purple and she was not breathing.”

Scott then dressed McKinty, cleaned the scene, stole her laptop and cellphone and left her there.

A pathologist testified the cause of death was asphyxiation, and while she could not be completely sure about the cause of the asphyxiation, she said it was most likely ligature strangulation.

She added it was impossible McKinty simply laid back and died quietly.

“She concluded that it may well be correct that the victim first put a shirt around her neck as the accused told police, perhaps as some sort of consensual sex play, and that the shirt may have become the fatal ligature. But she indicated that it is impossible for the victim to have quietly and peacefully laid back and died without a violent physical reaction, including involuntary convulsions and the body reacting to being choked,” said Silverman.

Silverman raised several concerns about the evidence, including the lack of marks on the victim, the absence of any defensive wounds and the pathologist’s inability to say with certainty that McKinty’s death was as a result of ligature strangulation.

“That the death was caused by some sort of assault is an essential element of this charge, and therefore it must be proven beyond a reasonable doubt,” said Silverman. “The evidence fails to satisfy me beyond a reasonable doubt.”

Silverman found Scott not guilty of manslaughter.

However, Scott was found guilty of theft under $5,000 for stealing McKinty’s laptop and cellphone.

Scott was sentenced to one year’s probation, during which time he must complete 50 hours of community service.

He was also ordered to pay McKinty’s family $2,300 to replace the laptop and cellphone.