A pending murder trial has been moved from the Cranbrook Law Courts to Kamloops, following a judge’s ruling in early May.
Mitchell Earl McIntyre is charged with second degree murder in relation to a shooting death in Creston in February 2022, and is currently held in custody at a correctional facility in Kamloops.
According to the ruling, McIntyre, 64, applied to move the venue to Kamloops, as he is in poor health and the law enforcement holding facilities and supervision services in Cranbrook are unsuitable.
In his application to the court, McIntyre raised the travel hardship from a correctional facility in Oliver to Cranbrook during the preliminary inquiry over a cumulative 18 days in April.
Specific issues noted the holding cells being underground with no access to recreational facilities and no weekend supervision if there’s a medical emergency.
During the preliminary inquiry, McIntyre collapsed or fainted and required observation at East Kootenay Regional Hospital.
After a few days of attending proceedings through video, McIntyre also withdrew his consent to appear remotely, arguing he was not comfortable with the setup in the video room, which featured a wooden bench and no desk to take notes.
Crown argued that moving the trial to Kamloops could cause hardship for travelling witnesses, as prosecutors plan to call 28 witnesses over the course of the proceedings. However, Crown also noted an agreement in principle with defence counsel that witnesses could testify by video from Cranbrook during the trial in Kamloops.
The trial proper is expected to begin in July and scheduled to run for four weeks.
McIntyre was charged for his alleged role in the death of Julia Howe in Creston, according to a court document.
Police responded to a Creston home after a woman was found deceased on Feb. 6, 2022, according to an RCMP press release.
The investigation evolved from a sudden death investigation into a suspected homicide.
