Firearms charge dropped against Nanaimo man allegedly involved in Terminal Ave. shooting

Timeline of events
According to the Service, and earlier information from Nanaimo RCMP, a group of individuals spotted what they believed to be stolen equipment from Smith’s auto repair shop at an encampment in Barsby Park on March 12.

The group moved into the encampment “armed with weapons, including sticks and metal batons, and some wore protective gear”, according to the BCPS with Smith “wearing a protective vest and black gloves with hardened knuckles and was carrying a collapsible metal baton.”

Others in Smith’s party were holding other weapons such as a large broomstick or bat, and a 2×4. In addition to Smith’s protective clothing, other members wore vests and a motorcycle helmet.

The Service then said Smith began removing items from the encampment, with a fight breaking out.

Truckle and others at the camp armed themselves with a .22 calibre rifle, an air-powered paintball pistol and other weapons including bats.

Smith’s group left the encampment shortly after, however the situation continued in the parking lot behind the former White Spot location on Terminal Ave.

Cell phone video captured by a bystander showed Truckle pointing the rifle towards Smith, while Smith hit a second individual “over the head with a collapsible baton.”

The individual was later taken to hospital for a cut on his head.

It was during the altercation when Smith was shot once in the abdomen, however, the evidence was unable to clearly indicate who pulled the trigger.

Smith was not immediately aware he was shot with the bullet lodged in his pelvis. He required three surgeries but the bullet was unable to be removed.

Another bullet hit Smith’s nearby truck.

Weapons and protective equipment were seized by police from both parties shortly after the incident.

Challenges during the investigation
The BCPS added there were several hurdles which they were unable to overcome to confidently pursue charges against Truckle.

“The BCPS had concerns regarding the sufficiency of evidence establishing the identity of the accused as the person who shot the complainant. Additionally, information regarding the precise sequence and timing of events was lacking.”

The prosecution also found after considering all available evidence, in addition to legal definitions of self-defence, “the Crown would be unable to disprove self-defence or defence of others beyond a reasonable doubt.”

The credibility of Smith and the group were also drawn into question.

“As the investigation continued, the RCMP provided [to the BCPS] additional follow-up statements and analysis of the exhibits. Some of this evidence was helpful in identifying the accused as the shooter, but some of the new evidence cast significant doubt on the evidence of the complainant and other witnesses.”

Smith and the group also stopped cooperating with police, according to the BCPS report.

Inconsistencies including the number of people involved were found in Smith’s group’s account of events, while Smith also initially denied to police he was armed prior to investigators finding the baton in his truck.

The full report from the B.C. Prosecution Service is available here.

The incident sparked a series of public safety rallies run by friends of Smith, calling for the government to address the issue of repeat violent offenders and general safety in Nanaimo.

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by NanaimoNewsNOW Staff

Firearms charge dropped against Nanaimo man allegedly involved in Terminal Ave. shooting

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