On May 14, 2019, a jury found Samule McIntosh guilty of aggravated assault and assault with a weapon. (Photo: Samuel McIntosh)

Vernon man convicted of 2 stabbings awaits sentencing

Samule McIntosh, found guilty by jury in May 2019, will be sentenced Friday

A North Okanagan man, convicted of stabbing two brothers in the neck with a knife, will soon receive the sentence his victims have long been waiting for.

Samule McIntosh, 37, was found guilty by a jury of aggravated assault and assault with a weapon on May 14, 2019. The offence took place in 2016, but in November 2017 McIntosh was injured after being struck by a vehicle.

McIntosh’s injuries have complicated the matter of handing him his sentence, mainly because the extent of his injuries and the impact they would have on him in custody wasn’t known.

“Sentencing in this case has taken a slightly unusual course,” Justice Murray Blok said in B.C. Supreme Court Thursday morning. Blok was referring in part to what happened two months prior, when the sentence was originally expected to be given.

“On the last day of this sentencing hearing it emerged that there were other documents available somewhere — psychiatric assessments in particular — and a need for medical information concerning Mr. McIntosh’s situation,” Blok said.

Those documents have been reviewed and submitted, and Justice Blok will give his decision on Friday at 10 a.m at the Vernon Law Courts.

The sentencing stems from an incident on Aug. 28, 2016, when McIntosh stabbed Dayton Martens during an altercation near the now demolished Civic Arena in downtown Vernon and his brother, Dakota Martens, shortly after. McIntosh was homeless at the time.

The sentence length hinges on how onerous McIntosh’s injuries will be in custody, however the Crown argued that in light of the new pre-sentence report, McIntosh appears not to have been taking care of his own rehabilitation.

“The theme that runs through the rest of this pre-sentence report is of Mr. McIntosh failing to take steps to address his medical issues,” said Crown lawyer Laura McPheeters.

The court heard how McIntosh’s spotty record when it came to showing up for medical appointments for his injuries. Reading from the latest pre-sentence report, McPheeters said one of McIntosh’s physiotherapists had only seen him three times since his accident in November 2017.

She added a kinesiologist had closed a file with McIntosh after he had missed four of eight scheduled appointments. In other instances, McIntosh had failed to be present for medical appointments scheduled to take place at his own home.

Defence lawyer Ray Dieno argued McIntosh was acting out of self-defence on the night of the offence, which left Dayton Martens with life-threatening wounds from the base of his skull to his upper back. Dieno said the jury had not found McIntosh to be the instigator.

However, McPheeters noted self-defence had also been ruled out by the jury.

READ MORE: Sex assault sentencing delayed for Vernon physiotherapist

READ MORE: Prolific South Okanagan criminal will be freed for time served


Brendan Shykora
Reporter, Vernon Morning Star
Email me at Brendan.Shykora@vernonmorningstar.com
Follow us: Facebook | Twitter

aggravated assaultBC Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Glimpses of Revelstoke’s past for Feb. 13

120 years ago: Revelstoke Herald, Feb. 13, 1900 Ten Revelstoke men left… Continue reading

What’s in a name? The story of Mt. Begbie

It’s likely the iconic Revelstoke peak had several Indigenous peoples’ names before settlers arrived

Celebrating more than the love of fresh powder at Revelstoke Mountain Resort today

Couples married or renewed their vows for free on Feb. 14

City of Revelstoke and union reach agreement

Workers will see a 2% raise each year for the next four years

VIDEO: Minister reports ‘modest progress’ after blockade talks with First Nation

Wet’suwet’en hereditary chiefs say Coastal GasLink does not have authority to go through their lands

Henrique scores 2 as Ducks soar past Canucks 5-1

Vancouver tumbles out of top spot in Pacific Division

Trudeau cancels Caribbean trip amid pipeline protests across Canada

Protests against Coastal GasLink have disrupted rail service

B.C. VIEWS: Inaction on pipeline protests not a viable response

Columnist Frank Bucholtz on how the Coastal GasLink pipeline dispute got so bad

PHOTOS: Top 10 memories of the 2010 Olympics

Black Press Media’s Jenna Hauck, shares some of her most memorable images of 2010 Winter Games

#FoxForFiver: Support grows in B.C. to put Terry Fox on new $5 bill

Terry Fox’ Marathon of Hope raised money for cancer research

Registration opens soon for BC 55+ Games in Richmond

2020 55+ Games have been officially scheduled for Sept. 15 to 19

Trudeau confers with cabinet ministers as rail blockades continue

The Trudeau government has been criticized for not doing more to end the blockades

Canadian nurses’ unions warn national standards for coronavirus protection too low

President says safety protocols nationwide are inadequate compared to those in Ontario and other countries

Most Read