The man who was arrested after a high-profile shooting at a homeless encampment in Nanaimo will no longer be facing charges.
Craig Edward Truckle, 37, of no fixed address, was arrested following a March 12 shooting that injured Clint Smith, after the business owner and others attempted to retrieve stolen items from an encampment near the Millstone River.
A charge of pointing a firearm has been stayed, advised B.C. Prosecution Service in a press release issued Wednesday, July 19.
“The available evidence does not provide a full or entirely clear picture of what happened during the initial altercation,” the press release stated.
All that can be determined is there was an altercation, it escalated and the accused and another camper armed themselves with a .22-calibre rifle and a paintball pistol, respectively, and that the altercation carried on toward the road and into a parking lot.
Based on cellphone video from a witness, the accused pointed the rifle, while the complainant struck another resident of the camp over the head with a collapsible baton, the document noted.
”At some point, the complainant was shot, once, in the abdomen. Another bullet struck the front grille of his truck, which was parked nearby. It is unclear from the available evidence at precisely what point in the altercation this occurred,” B.C. Prosecution Service said.
The other camper was later treated in hospital for a cut to his head, the press release stated.
During the course of the investigation, police came across evidence that aided in identifying the accused as the shooter, according to the release, but also “cast significant doubt on evidence on the complainant and other witnesses.” Further, the complainant’s group also became less co-operative as the investigation progressed, the document noted.
The prosecution service said a two-part test is utilized when deciding whether to approve criminal charges, with Crown counsel “independently, objectively, and fairly” considering how likely a suspect will be convicted and whether trying a suspect is in the public interest.
“In determining whether this test is satisfied, Crown counsel must consider what material evidence is likely to be admissible and available at a trial; the objective reliability of the admissible evidence; and whether there are viable defences, or other legal or constitutional impediments to the prosecution, that remove any substantial likelihood of a conviction,” the release noted.
Karen Kuwica, president of the Newcastle Community Association, told the News Bulletin she is not pleased with the B.C. Prosecution Service’s announcement, especially considering there was another shooting at the encampment after the March 12 incident.
“If the systems are not going to prosecute people for their actions, then the government needs to at least take other actions that are available to them to mitigate the safety risk that that embankment and those encampments specifically pose to this community,” said Kuwica. “This is serious risk because we’ve had two shootings, we’ve had all kinds of incidents … it’s constant down that embankment and the camps are still there.”
RELATED: Rally held after another shooting in Newcastle area
RELATED: Shooting at homeless encampment in Nanaimo results in arrest
karl.yu@nanaimobulletin.com
Like us on Facebook and follow us on Twitter