Kelowna murder suspect arrested at his home

Tyler Newton’s arrest for murdering a bus passenger last week in Kelowna shows the rules police must follow before they take someone into custody.

Officers had a good idea where the Kelowna man was hours before they handcuffed him at his Rutland home. RCMP Supt. Nick Romanchuk told reporters at 1:30 p.m. Friday that investigators were aware of the suspect’s location and that he must know police were looking for him.

Although they aren’t saying much about Newton’s arrest, it’s apparent Mounties had been watching his home for six hours or longer before they took him away at 6:30 p.m. Friday.

They did it without a warrant, said RCMP spokesman Const. Kris Clark. Instead, they likely waited until Newton came out of his building.

The Charter of Rights and Freedoms requires the expectation of privacy in a residence or any private place — unless there’s information that directly links a suspect to being inside a private place, Clark said.

“If we see someone through a window, I can get a warrant to get in there. But if I suspect he’s in there and I haven’t seen him . . . it’s difficult to get in there.”

Police are saying only that Newton was arrested without incident at the residence. They aren’t specifying whether he was inside or outside.

The 24-year-old Kelowna man is charged with second-degree murder. Police took him to the downtown RCMP lockup, where he spent the weekend until he made a brief appearance in a Kelowna courtroom Monday.

He was remanded to Nov. 20, when he may ask for bail.

Police believe Newton killed 55year-old Caesar Rosales as Newton got off a transit bus that stopped on Baron Road near Leckie about 6:30 p.m. Thursday. RCMP say he made a “shoving” motion with a weapon. Witnesses said the killer slashed Rosales’ neck and left the Kelowna Flightcraft employee to bleed to death on the bus.

Police likely viewed video footage to single out Newton. Recordings were made either on the No. 8 bus or at the terminus outside Orchard Park mall, where it’s believed he got on the bus.

Clark wouldn’t confirm whether video played a role in the arrest.

“Subject to the investigation, that information will come out throughout the course of a trial,” he said.