Man re­leased on bail as at­tempted mur­der trial de­layed un­til June

The Daily Courier - - OKANAGAN - By ANDREA PEA­COCK

A New­found­land man charged with at­tempted mur­der in Kelowna has been sen­tenced to 45 days in jail on other charges and was re­leased on bail while he awaits trial next spring.

On Dec. 4, 2016, Kelowna RCMP re­sponded to a re­port that a man had been stabbed and had turned up at the Chevron gas sta­tion on Har­vey Av­enue for as­sis­tance.

“It is be­lieved that the at­tack was in re­tal­i­a­tion to an as­sault on a woman that al­legedly took place ear­lier that evening in West Kelowna,” Cpl. Jesse O’Don­aghey said at the time.

Ken Mau­rice But­ler, 32, was ar­rested shortly af­ter the stab­bing in the 1300 block of Wa­ter Street and was charged with at­tempted mur­der.

On Dec. 7, 2016, But­ler was re­leased on $5,000 bail with 14 con­di­tions, in­clud­ing a cur­few and be­ing pro­hib­ited from the red zone down­town Kelowna.

On Dec. 20 at 12:14 a.m., an em­ployee at the BNA pub down­town Kelowna called police to re­port a cus­tomer had just failed to pay for some drinks, and he had left a debit card and a New­found­land ID at the bar.

Police de­ter­mined it was But­ler, and at 12:45 a.m., of­fi­cers lo­cated But­ler near Bernard Av­enue and Wa­ter Street and took him into cus­tody.

Later that day, at 8:18 p.m., guards in the Kelowna RCMP de­tach­ment told police But­ler had cov­ered the cell cam­era and the cell he was in with toi­let pa­per and he was yelling and scream­ing.

“He (was) ob­served by video punch­ing and hit­ting a cam­era, and the cam­era (stopped) work­ing,” said Crown prose­cu­tor David Grabo­vac.

Sev­eral of­fi­cers went to the cell at 9:50 p.m., and at­tempted to re­strain But­ler.

But­ler told one of the of­fi­cers not to look at him and told him he would spit on him, said Grabo­vac.

The of­fi­cer told But­ler he would be charged if he did, then But­ler spat on him.

The of­fi­cer was wear­ing glasses at the time, so the spit did not go into his eyes, but it did go on his fore­head and cheek, said Grabo­vac.

“In my re­spect­ful sub­mis­sion, spit­ting is a very se­ri­ous of­fence in police of­fi­cers, and there should be a sen­tence of cus­tody for that,” he said.

Grabo­vac pro­posed a 60-day sen­tence for as­sault on the of­fi­cer.

The dam­age to the cell cam­era was val­ued at $525.

Grabo­vac sug­gested a 30-day jail sen­tence for the mis­chief charge and 45 days in jail for breach­ing his bail, for a global sen­tence of 60 days.

De­fence lawyer Cory Ar­mour sub­mit­ted But­ler should be sen­tenced to 30 days to­tal for the three of­fences, all of which But­ler pleaded guilty to.

The judge sen­tenced But­ler to a to­tal of 45 days in prison, in­clud­ing 45 days for as­sault on the of­fi­cer, 30 days for dam­ag­ing the cam­era and 14 days for breach­ing the con­di­tions of his bail.

On Mon­day, But­ler was re­leased on the prior bail.

The trial for the at­tempted mur­der charge was sched­uled to be­gin Mon­day, but a key wit­ness could not be lo­cated in time.

The trial has been pushed back to June 11, 2018.

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