PIB triple murder trial wraps up

Lawyers make closing arguments in trial of killer Dustin Paul. Jury to decide: second-degree murder or manslaughter?

Dustin Paul will be convicted this week for a deadly rampage that left three men dead and two wounded on the Penticton Indian Reserve in October 2004.

That he killed and wounded the men is not in dispute. What the jury of eight women and four men must decide is whether the killing constituted second degree murder, or manslaughter.

Paul was attending a gathering at a spot described as the S-turns on Green Mountain Road in the middle of the day on October 30, 2004.

He had been drinking, smoking marijuana and smoking cocaine for the previous 24 hours. In his testimony to the jury last week, Paul described blacking out several times and then being awakened by a voice that said his name and told him to wake up to a better life.

He walked to his truck, retrieved a hand gun, returned to the circle of partiers and began shooting.

Damien Endreny, a 20-year-old non-native who lived on the Osoyoos reserve, Robin Baptiste, a 24-year-old member of the Penticton Indian Band, and Quincy Paul, a 29-year-old member of the Penticton Indian Band, were killed.

Tommy Lee Gabriel and Billy Louie were wounded. Paul then cut his own throat but survived the suicide attempt.

Twenty-six-year-old Paul was charged with three counts of second-degree murder, and two of attempted murder. The trial has been taking place in Penticton for the last three weeks.

On Monday, defence lawyer Chris Johnson and Crown counsel John Swanson delivered their closing statements in Penticton Supreme Court before Justice Duncan Shaw and the jury. Johnson focused on the issue of Paul’s capacity, given his high level of intoxication and his "transient psychotic state" to form the intention to kill people.

He reviewed the evidence of expert witnesses that included a toxologist who found significant quantities of drugs and alcohol in Paul’s blood, and two psychiatrists who interviewed Paul.

Johnson argued that "but for the psychotic state and the intoxication this tragic incident would not have happened." He concluded by urging the jury to return verdicts of manslaughter and assault with a weapon.

Swanson took the opposite argument and called for a verdict of second degree murder and attempted murder. He pointed to the deliberate nature of Paul’s actions. Paul walked to his truck to get the weapon and, on returning, deliberately fired the handgun into the heads and torso of his victims.

He suggested that Paul selected his victims because he did not shoot his closest friends. When one victim, Billy Louie, fled to the creek, Paul followed him and, in spite of pleas from the victim, fired at his head. Swanson also noted that the "apparent suicide" demonstrated remorse which suggested Paul’s awareness of his actions.

Justice Shaw’s charge to the jury took place on Tuesday morning as the Chronicle went to press. A verdict is expected this week.

A conviction of second degree murder carries a mandatory life sentence with no parole for ten years. Manslaughter has no minimum sentence but current maximum sentences do not exceed 20 years.

Border jumpers and smugglers caught

A group of 23 Korean border jumpers, ranging in age from 11-years-old to 48-years-old were captured trying to cross the Canada-U.S. border on Tuesday, September 5.

"It was near Osoyoos," said Cpl. Norm Massie, from the Integrated Border Enforcement Team (IBET). The Koreans were arrested on the U.S. side.

"In addition, five smugglers have been arrested. Arrests were made on both sides of the border."

Massie is planning to interview the Koreans later this week, but at this point he can make a guess as to the intentions.

"I can tell you from my experience that there is no doubt some had a destination in mind," he said. But others were likely being trafficked, and destined for the sex trade. As far as he can tell, there was a mix of situations. Some seem to have paid an amount of money to get into the U.S., and thus, when they arrive, the contract ceases.

But others hadn’t paid any amount up front, and they won’t be so lucky.

"Someone at the other end is going to be expecting to be paid large amounts of dollars," Massie said. They will probably be forced into the sex trade to pay off their debt.

BC Forestry still fighting fires

Improved weather conditions have reduced fire activity on the Tatoosh, Border Lake and Tripod fires but evacuation alerts remain in place, said Provincial fire information officers.

"While the Tatoosh fire is 4,282 ha and burning on the ground for the most part, we are expecting increased fire activity in the afternoon today," said fire information officer Donna McPherson on Monday. "However we are expecting some rain later on in the week."

McPerson said the Tatoosh fire is now 5 to 6 km from the Pasayten Valley cabins, with four large hills in between, and 9.6 km from the East gate fire hall with three hills in between; crews are working on the ground assisted by helicopters bucketing with water.

This fire jumped into Canada last week with a front some 6 km wide that made it impossible to fight with the efficiency usually shown by the BC Forest Service. Conflicting wind flows at different altitudes, fires burning at high altitude combined with dry weather, very smoky conditions and temperature inversions have made it impossible to launch an effective attack until recently, officers have reported.

Dale Bojahra, fire information officer for the Border Lake fire – which started Wednesday, Sept. 6 and is burning approximately 1,700 ha southwest of Keremeos - said that fire is completely in Canada, not the U.S. as is being reported.

"We have limited growth, and we are burning off fuel and tying in our guard lines for a continuous control line," he said. As with the Tatoosh fire "we expect a weather change mid to late week." As of Monday, the fire was 12 km from Cathedral Lodge.

"The Tripod fire showed no growth yesterday and remains at 69,000 ha and 65 per cent contained," reported Colette Fauchon, information officer in Oliver; "We expect cooler temperatures and rain late Wednesday … the fire is still 30 km from Osoyoos and 25 km from Keremeos."

Fauchon commented on Sunday, September 10, about the memorandum of understanding signed by BC and Homeland Security to allow BC fire crews to access the fire in the U.S.

"(It) has played a large role in slowing its spread towards Canada."

There are currently evacuation alerts for the area near the Border Lake fire, as well as Cathedral Mountain Lodge.

Jason Johnson, the Chief Administrative Officer for the Regional District of the Okanagan Similkameen (RDOS), said he has been impressed by the coordination of the different groups involved with the Emergency Operation Centre (EOC).

"We are working with a wide combination of Provincial, local and volunteer groups to deal with this fire," explains Johnson. "The long hours and commitment these groups have shown has been incredible.

Prior disasters, including the 2003 Okanagan Mountain Park Fire, showed how essential coordination is between different government departments and the local community.

The RDOS has worked hard to prepare for an emergency like this by forming relationships, training staff and engaging in mock exercises. This fire shows how being ready can make a huge difference in how we can support residents in an emergency."

Provincially, there have been 2,465 fires totaling 130,000Ha since April at a cost of $130 million or approximately $2.5 million a day.

Invite the players

At Monday night’s meeting, Oliver’s Council decided to change the date of a scheduled regular open meeting from October 10 to October 16, to allow councillors to attend a public presentation by the school board, about the future of Southern Okanagan Secondary School (SOSS).

Council’s desire to attend the SOSS meeting is a given. The school is an integral part of the community, influencing the future of the town’s youth. Also, the SOSS building is said to be a heritage building with historical significance to the town.

But perhaps most importantly, the school board is claiming the Ministry won’t pay to bring Venables Auditorium up to code, nor will it pay to operate it as part of the new school. The board is essentially trying to transfer the responsibility of the auditorium onto the shoulders of other governing bodies – including the municipality.

The school board knows no one will want to see the auditorium demolished. They know someone will step up to the plate. The auditorium is a community facility, used by more than just the school children, and the district has made it clear they believe someone will see to the survival of the classic building.

That means the municipality will probably be forced to take over at least a portion of the funding and management of Venables Auditorium. There is already talk of memorandums of understanding, and grant applications. The Town has clearly indicated a commitment to finding a solution to the problem at hand.

And that means their attendance at important meetings – at least a basic invitation and inclusion in the process – should be a given. Councillor Jack Bennest summed it up at Monday’s council meeting, prior to council’s unanimous decision to change their meeting date:

"If council doesn’t go to that meeting, it is an indication of non-interest in our school, our community, and our heritage," he said.

Changing a date is an unusual occurrence. Council’s meetings are scheduled at the beginning of each year. Like clockwork, they take place the second and fourth Monday evening of each month. The schedule is published in the Chronicle, and if changes are made, the new dates have to be published. Bottom line? It’s a big deal to change one of the dates.

Some have claimed the school board is leaving the general public out of the new-school planning process. So far, $90,000 of public funds has been spent, having an architect draw up options for the school. The building committee, to date, is made up of district employees and board staff – and doesn’t include students, parent advisory committees, or municipality representatives.

Yet they claim they aren’t leaving anyone out of the process, and the public input stage is still to come.

But we wonder why, if the school district is actually as interested in engaging partners as they claim to be – and is foisting responsibility of one of their facilities onto the backs of the general public – they scheduled a meeting that conflicts with a regular town council meeting.

It seems like bad planning.