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
TD penalties expected to be higher on alleged drug money laundering link: analyst
A banking analyst says TD Bank Group could be hit with more severe penalties than previously expected after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
DEVELOPING Foreign interference inquiry to report today on alleged meddling in federal elections
A federal commission of inquiry into foreign interference is slated to release a report today on alleged meddling in the last two general elections.
Magnitude 4.8 earthquake recorded west of Vancouver Island
A 4.8-magnitude earthquake was reported west of Vancouver Island Thursday evening.
Biscuits with possible plastic pieces, metal found in ground pork: Here are the recalls for this week
Here are the latest recalls Canadians should watch out for, according to Health Canada and the Canadian Food Inspection Agency.
How falling for a stranger she met on a beach led this woman to ditch the U.S. for the French Riviera
Niki Benjamin, from the U.S., had travelled to a paradise island to do some soul searching, and her life ended up going in a very different direction when her dog ran up to a stranger.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Princess Anne to take part in B.C. ceremony bringing new ship into Pacific fleet
Western Canada's first Arctic and Offshore Patrol Vessel will officially be brought into the Pacific fleet today and Princess Anne, the sister of King Charles, is scheduled to take part in its commissioning ceremony.
BREAKING Winnipeg man accused of killing four women will be tried by jury
A Winnipeg man accused of killing four Indigenous women will have his case heard by a jury.
Wally, the emotional support alligator once denied entry to a baseball game, is missing
Emotional support animal registrations in the United States reached 115,832 last year, by an industry group’s count. But in the eyes of reptile rescuer Joie Henney, there’s only one: 'Wally Gator.'