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 two stabbings not yet sentenced

Samule McIntosh had his sentencing hearing adjourned Friday due to a need for more information

A Vernon man found guilty of stabbing two brothers in the neck with a knife was expected to be handed his sentence Friday, but the hearing was adjourned due to a lack of medical records of the offender.

Samule McIntosh was found guilty by a jury on May 14, 2019 of aggravated assault and assault with a weapon. The charges stem 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.

Defence lawyer Ray Dieno submitted to Justice Murray Blok that a medical report for McIntosh, who is in a wheelchair, would be needed in order to weigh the physical toll he would endure in jail before a sentence length could be fairly determined.

With much reluctance and regret at this left turn in the daylong proceedings, Justice Blok ultimately agreed.

“The very unfortunate result is that I conclude that I do not have the information I feel I need to properly assess Mr. McIntosh’s circumstances,” he said.

“I say that with great regret,” Justice Blok continued. “This is far from an ideal manner in which to (handle) any case, let alone a case of such seriousness.”

READ MORE: Vernon man arrested with meat cleaver pleads not guilty to cop assault

READ MORE: Alleged drunk driver behind wheel of 18-wheeler fuel truck arrested in Nanaimo

McIntosh stabbed Dayton in the neck area and subsequently stabbed his brother Dakota in a similar area in what the Crown is calling two separate incidents. McIntosh has previously admitted to both stabbings.

“Dayton’s injuries were very serious and life-threatening,” said McPheeters. “The main wound ran from the base of his skull to his upper back, 15 centimetres in length and gaping open 10 centimetres. It was also four centimetres deep.”

The wound was so deep that it exposed the bones of Dayton’s spine, and the attending physician said he would have bled to death if not for the medical attention he received. Dayton also suffered two other less severe wounds. Dakota suffered one wound that was less severe than his brother’s.

McIntosh said he stabbed the brothers out of self-defence after having been provoked. Neither Crown nor defence have been able to agree on the precise details of the events.

The Crown has asked for three-and-a-half to four years in jail and a lifetime prohibition on owning weapons.

McIntosh — who appeared at the Vernon Law Courts an hour late after sleeping in — was struck by a car in November 2017 that has left him in a wheelchair. His injury is the basis for the defence’s argument that his medical condition needs to be weighed in the sentencing.

McPheeters argued an adjournment had already taken place in August for “the express purpose of obtaining medical information.”

“It appears it’s at least possible he’s putting off going to jail,” she said of McIntosh, who was told by his defence to seek a medical report.

McPheeters said she opposed but “understands” the decision to adjourn once more.

Justice Blok left it to the defence to sort out who will provide the medical report of McIntosh and who will pay for it. Dieno said McIntosh has struggled to find a family doctor who could conduct such a report. Justice Blok later wondered if McIntosh’s physiotherapist couldn’t be used for the purpose, or any of the physicians who attended to him after his car accident.

McIntosh has 89 days of jail time to his credit for time spent in custody, according to McPheeters.

A date for the sentencing will be fixed on Nov. 18. Justice Blok requested a two-day hearing for the remainder of the sentencing.


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

Just Posted

Vernon Museum launches music series

Woodwind Quintet plays holiday music Dec. 5

Okanagan tourism video celebrates paddleboarding hero

Vernon lake defender featured in film focused on sustainable tourism

Armstrong seniors home hires own doctor

Access to health care easier for seniors in Heaton Place

Police incident in Lake Country resolves peacefully

Traffic was backed up on the highway for several hours yesterday night

Get your head out of clouds, Vernon

Fall fog sticks around all day in northern portion of valley

University of Victoria threatens any athletes who speak about rowing coach probe

Barney Williams has been accused of harassment and abuse

Revelstoke Burger Challenge will return says organizer

The event raised over $4,000 for Revelstoke Library’s learning lab

Mixed responses to proposed propane subsidy in Revelstoke

FortisBC is proposing an amalgamation of propane and natural gas rates

Interior Health boss tops public sector wage earner list

CEO Susan Brown received just under $350,000 in past year

B.C.’s largest catholic archdiocese names 9 clergymen in sex abuse report; probes ongoing

Vancouver Archdioces presides over 443,000 parishoners in B.C.

South Okanagan crews ready for winter road maintenance

Not all roads in the region will be cleared at the same rate

Salmon Arm women bring soccer to girls in Kenyan village

Cultural disconnections melt away with learning and laughter

Vandals on ATV damage outdoor skating rink in Shuswap

Damage delays preparations for ice surface in community park

Most Read