Excessive police force ruled out in Oliver man’s arrest

PENTICTON – A Penticton judge has decided excessive police force was not an issue during the arrest of an Oliver man facing sentencing on property crime charges.

Simon Kincolith Bell, 37, returned to Penticton court today following adjournment of his sentencing hearing last December when court heard allegations of excessive police force during his arrest by Oliver RCMP on Nov. 28, 2017.

During a recount of his arrest at the December sentencing hearing, allegations were made that rough handling at the hands of police resulted in Bell needing surgery on his right wrist.

Judge Michelle Daneliuk adjourned the case in order for more information to be gathered.

Bell’s sentencing was completed this morning, Feb. 16, after Judge Daneliuk heard from both defence and Crown counsel that Bell’s wrist injury was pre-existing prior to his arrest.

Crown prosecutor Kurt Froehlich told court Bell had a significant pre-existing injury to his wrist that was not healing properly.

“The cause of the injury would be speculative. There is no evidence to say police did this,” Froehlich told court today.

Judge Daneliuk concluded the circumstances of Bell's arrest may have exacerbated the previous injury to his wrist, but police were not to blame.

Bell faced sentencing on charges of flight from police, two counts of possession of stolen property over $5,000, one count of possession of stolen property under $5,000, fraud, breach and possession of a controlled substance, stemming from what Judge Daneliuk described as “a spree,” between March 20 and Nov. 28 of last year.

The judge noted the balance of charges against Bell happened as a result of him getting bored while off work and indulging in substance abuse.

She sentenced Bell to a total of 254 days in jail, less 107 days enhanced time already served.

Bell will also have to serve the remainder of a collapsed intermittent sentence from a previous ruling, for a total time of 227 days left to serve. He will also be subject to 12 months of probation.

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