Charge against man accused of killing Bailey McCourt upgraded to first-degree murder

Bailey McCourt’s estranged husband is facing a first-degree murder charge, as well as a dangerous driving causing bodily harm charge involving a second victim.

A charge laid against the man accused of killing his ex-wife with a hammer in a Kelowna, B.C., parking lot last summer has been upgraded to first-degree murder.

James Plover was charged with second-degree murder after he allegedly attacked Bailey McCourt and her friend on July 4. The 32-year-old mother of two did not survive and the second woman was hospitalized with serious injuries.

On Friday, the charge was upgraded “as a result of new evidence submitted by police,” the B.C. Prosecution Service said in a statement.

For a murder to be considered first-degree under the Criminal Code, it must be “planned and deliberate,” or be committed during another offence including hijacking, sexual assault, kidnapping, criminal harassment, terrorist activity and intimidation, or on behalf of a criminal organization.

A first-degree murder conviction carries an automatic life sentence without possibility of parole for 25 years. Parole eligibility for second-degree murder can be set between 10 and 25 years.

In addition, Plover received a new charge of dangerous operation of a motor vehicle causing bodily harm “involving a second victim” in the case.

Just hours before the killing, Plover was convicted of domestic violence charges and released as he awaited sentencing.

In the months since the tragedy, McCourt’s family has been advocating for stricter bail and sentencing rules in cases involving intimate partner violence.

Plover is scheduled to be sentenced for the domestic violence convictions on Monday, and is set to appear in court to face the murder charge on November 25.

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