Prosecutors drop case against man accused in Nanaimo homeless camp shooting
The British Columbia Prosecution Service has dropped its case against a 37-year-old man who was accused of shooting a man who was trying to retrieve suspected stolen property from a homeless camp in Nanaimo earlier this year.
Craig Truckle, of no fixed address, was arrested on March 22, more than a week after Clint Smith, 49, was shot in the stomach and seriously injured at the downtown homeless encampment.
Truckle was charged the following morning with one count of pointing a firearm without a lawful excuse.
Smith and six or seven other people visited the encampment in Barsby Park to retrieve property they believed was stolen from Smith's auto repair shop.
A statement from the B.C. Prosecution Service says the charge against Truckle was stayed Wednesday, ending the Crown's case against him due to a lack of evidence and inability to prove the accused was not acting in self-defence.
"Considering all the available evidence and applying the legal elements of self-defence to that evidence, the Crown would be unable to disprove self-defence or defence of others beyond a reasonable doubt," the statement said.
"The Crown could not establish that the accused’s response in defending himself and his group from an unprovoked attack was disproportionate or unreasonable in the circumstances."
GROUP WAS ARMED WITH BATONS, PROTECTIVE GEAR
The altercation began after thieves broke into Smith's business on March 10, stealing several items.
Two days a later, Smith's friend saw what he believed to be one of the stolen items on the side of the road near the homeless camp, according to prosecutors.
Later that afternoon, Smith, his friend and at least five other associates went to the camp, armed with weapons, including metal batons, pieces of wood and protective gear such as slash-proof vests and a motorcycle helmet. Smith was wearing a protective vest, gloves with hardened knuckles and was carrying a collapsible metal baton, according to the BCPS.
Smith began removing items from one of the tents at the encampment when a fight broke out and two campers armed themselves with a .22-calibre rifle and a paintball pistol, prosecutors said.
Truckle pointed the rifle at Smith, who was hitting the other camper over the head with the baton, causing the camper to be sent to hospital with lacerations, the BCPS said.
Smith also pushed the camper and his girlfriend down an embankment and threatened to get a gun and shoot the campers, according to prosecutors.
"At some point, the complainant was shot once in the abdomen," the statement said.
"Another bullet struck the front grill of his truck, which was parked nearby. It is unclear from the available evidence at precisely what point in the altercation this occurred."
CAMPERS ACTED IN SELF-DEFENCE
The Nanaimo RCMP initially recommended charges of assault with a weapon and discharging a firearm with intent to wound, however the prosecution service declined those charges against Truckle, saying it "had concerns regarding the sufficiency of evidence establishing the identity of the accused as the person who shot the complainant."
As the police investigation progressed, Mounties provided evidence identifying Truckle as the shooter, but some of the recent evidence cast "significant doubt" on evidence given by Smith and other witnesses, prosecutors said.
"As the investigation continued, the complainant and his group stopped co-operating with police," the statement said.
Smith was treated in hospital for a single gunshot wound to the abdomen. The bullet was lodged in his pelvis and could not be removed despite three surgeries, according to prosecutors.
He was discharged from hospital 15 days after the incident.
The prosecution service concluded that Truckle and the other camper were surprised by the unannounced attack and were legally entitled to defend themselves, saying it was not unreasonable for the accused to use the rifle to defend himself and the other camper.
CTVNews.ca Top Stories
What do we know so far about the mysterious crash of the helicopter carrying Iran's president?
The apparent crash of a helicopter carrying Iran's president and foreign minister on Sunday sent shock waves around the region.
Iran President Ebrahim Raisi still missing after helicopter accident in mountains
A helicopter carrying Iranian President Ebrahim Raisi, the country's foreign minister and other officials apparently crashed in the mountainous northwest reaches of Iran on Sunday, sparking a massive rescue operation in a fog-shrouded forest as the public was urged to pray.
Ex-partner charged with first-degree murder after 55-year-old woman killed in Montreal
Less than 24 hours after Montreal's 12th homicide investigation began, Montreal police confirmed that a 55-year-old woman's death in St. Michel is the island's 13th homicide. The woman's ex-spouse has been charged with first-degree murder.
Stittsville residents seeking answers as bylaw cracks down on street basketball nets
Stittsville residents on Kearnsley Way are seeking answers after an unusual bylaw crackdown on Friday. Every home with a basketball net received a ticket instructing homeowners to remove their nets from the road.
'A horrible way to start the summer': 3 killed in serious boat crash on lake north of Kingston, Ont.
Three people were killed and five others were injured Saturday night following a boat crash on the Buck Bay area of Bobs Lake, north of Kingston, Ont., the Ontario Provincial Police (OPP) said.
Walmart, Costco refusing to sign grocery code of conduct 'untenable': industry minister
Industry Minister Francois-Philippe Champagne says it's 'untenable' for 'smaller players' like Walmart and Costco to delay signing on to the government- and industry-led grocery code of conduct, now that industry giant Loblaw has agreed to do so.
Court eases internet restrictions for Sask. man who had sex with a 15-year-old girl he met on Tinder
A Saskatchewan man who had a sexual encounter with a 15-year-old girl he met on Tinder successfully appealed to shorten release conditions barring him from online dating.
VIDEO Born without front legs, this dog has been inspiring the world for 3 years: Dresden farm owner
A sanctuary dedicated to animals with disabilities is celebrating the third birthday of one of its most popular residents.
Ottawa driver who appeared to be racing another vehicle on Highway 416 facing charges
The Ontario Provincial Police (OPP) says an Ottawa driver is facing charges after being caught going 187 km/h on Highway 416.