A pair of men were convicted of a number of offences stemming from a violent home invasion in Lumby that occurred in 2019.
Last month, Justice John Gibb-Carsley convicted Edward Coghill of eight charges. His partner in the robbery, Stewart Tkachuk, was convicted of nine offences. The charges included breaking and entering, robbery with a firearm, discharge of a firearm with intent to wound or disfigure, disguising face with intent to commit offence, unlawful confinement, aggravated assault, and possession of a firearm without a licence or registration. Tkachuk, who was absent from the 10-day trial, was convicted of an additional charge of possessing a firearm contrary to an order.
The charges were connected to a home invasion on Dure Meadow Road near Lumby in the late hours of Sept. 17, 2019, and the early morning hours of Sept. 18.
Two men wearing face coverings and carrying shotguns broke into the home, which was occupied by James Jurica and Candice Kado, who were awake in their bedroom when the intruders shot out some of the lights and entered the bedroom. One of the men shot Juricha in the chest, stomach and hip with shotgun pellets. The intruders then engaged in a physical altercation with Juricha. During the scuffle, Kado hit one of the intruders in the head with a baseball bat 香蕉视频直播� a significant strike that would have caused some injury, as she told the court. The intruders then reloaded and shot again into the wall, with a piece of shot striking Kado in the chin.
Realizing the intruders had reloaded, Juricha stopped resisting and the intruders beat him with a metal baton or baseball bat, injuring his head and hand.
One of the two men then held the home occupants at gunpoint while the other ransacked the house. Kado was at one point instructed to open a safe in the basement before the intruders constrained the pair with zip ties.
The intruders made off with cash, bicycles, a television, jewelry, and finally Jurica's truck, which they used as their getaway vehicle.
Kado managed to free herself from the zip tie and drove Jurica to Vernon Jubilee Hospital where he was treated for his gunshot wounds.
In a recently published BC Supreme Court decision, Justice Gibb-Carsley said the crux of the case was the identity of the men who committed the invasion, as the victims were only able to provide a general description of the mask-wearing intruders' heights, body types and clothing.
"The core issue is whether the Crown has met its heavy burden to prove beyond a reasonable doubt that one or both of Mr. Coghill or Mr. Tkachuk were the perpetrators of the home invasion," Gibb-Carsley wrote.
It was noted that Tkachuk absconded from the trial by not showing up, but the trial continued in his absence. He was again in custody at the time Gibb-Carlsey's decision was made.
Gibb-Carsley noted that the Crown's case was based entirely on circumstantial evidence, but nonetheless convicted the two men on all of the charges against them.
The evidence included eye-witness accounts from Jurica and Kado, DNA evidence taken from the crime scene, and cell phone records. The Crown argued that the strongest piece of evidence was DNA of the accused extracted from two respirator masks and a hat that were found in Jurica's stolen truck.
"I accept that Ms. Kado香蕉视频直播檚 and Mr. Jurica香蕉视频直播檚 evidence provides ample evidence establishing that Mr. Tkachuk and Mr. Coghill are parties to the offences," Gibb-Carsley wrote.
Having being convicted of the charges, Tkachuk and Coghill will now be sentenced at a later date.
