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| Coroner's Inquest in police shooting death |
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| Judgment reserved in plea bargain dispute |
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The coroner's inquest into the death of Daniel Antony King is scheduled for up to eight days commencing December 8, 2008. All hearings, which are open to the public, will be held at the Office of the Chief Coroner, 20th floor, Metrotower 2, in Burnaby, BC starting at 9:30 a.m..
Mr. King, 37, was shot and killed by RCMP and New Westminster police officers at a Burnaby gas station on October 13, 2006. After the shooting, the RCMP issued a series of media releases (Burnaby file no. 2006-54556).
The first media release, at 6:00 a.m. October 13, 2006, stated:
"At 12:23 a.m. this morning, there was a police involved shooting at the Mohawk Gas Station on Canada Way at Edmunds in Burnaby. One male suspect is deceased, no one else was physically injured in this incident. As a result of this being a police involved shooting the Integrated Homicide Investigation Team (IHIT) have been assigned to conduct an independent investigation. This is a multi-jurisdictional event including the New Westminster Police, Coquitlam RCMP and Burnaby RCMP."
(Note: IHIT is a team of police officers that includes investigators from the New Westminster Police Service and the RCMP)
The first RCMP media update, issued at 10:59 a.m., said, "A press release is to be issued at 11:30 a.m. This is not a press conference..."
The press release issued at 11:38 a.m. described the shooting this way: "As officers approached, the suspect produced a handgun. In an attempt to subdue the driver, the police officers were required to engage in lethal force. The driver was shot several times. He was transported to Royal Columbian Hospital where he was pronounced dead."
The next media update, at 4:56 p.m. on October 16, 2006, identified the deceased and included this remark: "Forensic Identification Specialists and investigators who examined the shooting scene have confirmed the handgun KING produced as the police officers approached the vehicle, was an imitation handgun."
Twenty-five witnesses are scheduled to testify. According to the BC Coroners Service:
"Inquests are formal court proceedings, with a five-person jury, held to publicly review the circumstances of a death. The jury hears evidence from witnesses under subpoena in order to determine the facts of the death. The presiding coroner is responsible to ensure the jury maintains the goal of fact finding, not fault finding."
BC Supreme Court Justice Gill has heard the Attorney General, Criminal Justice Branch's motion to dismiss a Petition filed by the family of homicide victim Tammy Lynn Murray and is expected to render her decision on Monday, November 17, 2008.
Ms. Murray was brutally slain on September 19, 2007 by her domestic partner, Aaron Hickey, 19, who stabbed her dozens of times. Hickey was immediately charged with murder and made numerous court appearances over the next eight months. As Hickey's preliminary hearing was about to commence, Ms. Murray's family learned that Crown Counsel had concluded a plea agreement with Hickey's defence counsel that would enable him to plead guilty to manslaughter instead of murder. The family had not been consulted about the possibility of a plea to the lesser offence and was outraged when they learned of it. They demanded an explanation and were told by Crown Counsel that Ms. Murray's employment as an escort was a factor in the Crown's decision to make the deal.
Michael McLeod filed a Petition in BC Supreme Court on October 7, 2008 and served Crown Counsel with the documents. On October 14, 2008, Hickey pleaded guilty to manslaughter and his sentencing hearing was put over to January, 2009.
An Amended Petition was filed on November 5, 2008: upload
At today's hearing, two lawyers representing the Ministry of Attorney General, Criminal Justice Branch applied to have the Amended Petition summarily dismissed on the basis that it discloses no reasonable claim, that it is unnecessary, scandalous, frivolous or vexatious and that it is an abuse of the process of the court.
