A Vernon man who wielded a skid-steer Bobcat against a pair of transient individuals on his property, injuring one of them, has been convicted of assault with a weapon.
Justice Jeremy Guild rendered his decision against William John Mcrae in Vernon Provincial Court on May 3, following the incident that took place in August 2022.
“This is an unfortunate case of an otherwise law-abiding citizen making assumptions about two vulnerable people,” Guild wrote in his decision. “And this case is a result of his assumptions and subsequent drastic actions.”
According to Guild’s decision, a man and a woman were riding their bikes along a multi-use path from downtown Vernon towards Kin Beach on Okanagan Lake, heading out for one last beach visit before leaving Vernon to get away from the drug subculture and to deal with their substance use disorders.
Guild noted the couple had “all of their possessions in the world on their bicycles,” and the couple were hoping to enjoy the next few hours before continuing with their recovery plans.
The court heard the woman was susceptible to heat stroke and had to stop in a shady spot near the path. They happened to stop in front of Mcrae’s property.
The Mcraes, who were in their 60s, saw the couple and believed they were on their lawn. They called bylaw officers who told them to call police, which they did not do, Guild noted.
“Instead, they decided to get the ‘street people’ off their property by Mr. Mcrae using a skid-steer Bobcat (which they used in their landscaping business) to move the couple’s personal effects,” Guild wrote.
Mcrae approached the couple and told them to leave. They responded and began to move, despite thinking they weren’t in the wrong as they believed they were on public property, the court heard.
“Mr. Mcrae could not understand or properly hear what they said. He says he did not speak to them anymore, but went to and turned on a sprinkler with the intent of soaking (the couple), as they were not moving fast enough for him. Mr. Mcrae thought that the couple may have been asleep, but saw they had started moving as a result of being soaked,” Guild wrote.
Guild noted the couple “again did not move quickly enough” for Mcrea, who went to get his Bobcat and put on the largest bucket he had to “intimidate and strike fear into” the couple. He drove the Bobcat toward the couple who were gathering their things while the woman was still recovering from heat stroke on a hot summer day.
Mcrae banged the large bucket on the ground and then drove and scooped up their bicycles and other belongings.
“Mr. Mcrae pushed the couples’ worldly possessions over 100 feet on the asphalt path,” Guild wrote. “He dumped their effects on the boulevard in front of his neighbour’s property. He gave no reason for having to push them there, as opposed to just ensuring the effects were not on his property. He gave no reason why he chose to push them in front of his neighbour’s property.”
The decision notes that the couple “unsurprisingly” tried to stop Mcrea from damaging their belongings, running near the Bobcat and yelling and waving their arms. Mcrae ignored them.
“Another unknown male also hailed down Mr. Mcrae, who stopped the Bobcat very close to the male, such that the male was between the bucket and the body of the Bobcat. After a brief conversation Mr. Mcrae ‘twitched’ the bucket, grazing the male with it,” Guild wrote.
Amid the disturbance, the man cut up a few flowers in Mcrae’s flower bed out of anger after having his possessions destroyed, the decision says. Mcrae responded by driving back to their belongings and running over them with the Bobcat, purposely trying to damage them further. He then fled to a nearby gas station to avoid police.
The court heard Mcrae spun the Bobcat around multiple times, with his focus on further destroying the couple’s property. While he was doing this, he struck the woman with the Bobcat, resulting in her being injured and falling to the ground, according to the decision.
“The Bobcat was a weapon, and Mr. Mcrae assaulted her with it,” Guild wrote.
Guild’s decision notes that the case arose due to Mcrae’s frustration with transient people trespassing and loitering on his property, which Mcrae said had happened “a few times earlier in the summer, and in particular that week.” However, Guild noted there was no indication that the two people in this case had been at his property previously.
Guild found Mcrae guilty of assault with a weapon, as well as dangerous operation of a conveyance.
Mcrae will return to court on June 14 for sentencing.
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