Accused’s version full of holes

Kelowna man found with weapons, stealing SUV

A Kelowna man charged with breaking and entering a residence, stealing two firearms and attempting to steal a vehicle has been found guilty of all counts.

On Aug. 11, 2016, Jay Lawrence, born in 1977, left his mother’s East Kelowna home to buy heroin.

He said he met a drug dealer in Kelowna, and the man told him to follow him up the driveway.

Lawrence bought the heroin, and the dealer drove away.

Lawrence told the court he then shot the heroin into his arm, and described the drugs as so strong he threw up.

An employee of a business on the property arrived to pick up a cheque at the office when he noticed the lock on the gate had been broken. He then spotted Lawrence, who told him he was there to buy a car on the property next door.

Lawrence said he had permission from the property owner to be there.

Lawrence then ran off toward some bushes and the employee identified only as J.B. lost sight of him.

J.B. drove toward the main road, then back toward the property where he saw Lawrence inside a red SUV.

Lawrence was trying to use a key to start the SUV, the court heard.

J.B. then opened the door of the SUV and saw there was a handgun next to Lawrence.

J.B. testified Lawrence started reaching for the gun, so he punched him twice in the ribs and pulled him out of the vehicle.

A case of bullets fell from Lawrence’s pocket.

The owner of the property was out grocery shopping when he received a call from his cousin telling him there was an intruder in his house.

At that point, he had been away from his house for about half an hour.

Once he returned home, he saw the door to his gun locker was open and some guns were missing.

He testified the keys to his SUV had been left on a hook in the kitchen, along with the key to his gun locker.

Lawrence denied ever getting into the SUV and said he never had any keys in his hand.

He also argued he never went inside the home.

He acknowledged he did have bullets in his picket, but insisted someone had put them there.

Lawrence was charged with breaking and entering a dwelling and committing a theft, breaking and entering a home and stealing two firearms, attempting to commit theft of a motor vehicle, possession of two handguns knowing they were obtained by crime, possession of a prohibited or restricted firearm with readily accessible ammunition without a licence and possession of a prohibited firearm without a licence.

Justice Murray Blok found Lawrence guilty of all counts.

“Mr. Lawrence was seen carrying goods belonging to (the property owner), while coming from the direction of (the) house,” Blok wrote in his recent decision. “The timing and proximity of Mr. Lawrence’s location to the residence leads me to draw the inference that Mr. Lawrence acquired those goods by breaking and entering (the) residence.”

Evidence of two witnesses proved beyond a reasonable doubt Lawrence was attempting to start the SUV when they came upon him, wrote Blok.

“This establishes the offence of attempted theft of that vehicle.”

Blok said he also had no doubt Lawrence stole and was in possession of the prohibited firearms from the residence.

“I am satisfied that Mr. Lawrence knew what they were and he exercised control over them,” he wrote.