The BC Prosecution Service is reassessing eight charges, including attempted murder, against 45-year-old Afshin Maleki Ighani after the shooting victim passed away.
Ighani was charged with attempted murder, uttering threats, use of a firearm in the commission of an offence and possession of a firearm contrary to a prohibition order after allegedly shooting Thomas Szajko in an Oliver home on April 19th.
Ighani is accused of fleeing the scene before hijacking a vehicle and holding a woman hostage in an attempt to escape.
Ighani was the subject of a Canada-wide warrant.
After a lengthy police chase, Ighani was arrested near the Deblyn Mobile Home Park in Princeton on April 22.
“Mr. Ighani attempted to flee the vehicle, abandoning the vehicle and the female,” said Cpl. Dan Moskaluk at the time of the incident. “Mr. Ighani did not get very far. We had a police service dog also in the area. The dog was able to track Mr. Ighani to a wooded area.”
The shooting victim, Thomas Szakjo, passed away on December 1, but it appears to be unrelated to the gunshot wound, which was described as non-life-threatening at the time.
His obituary said the 49-year-old “passed away suddenly at his home” but the cause of death has not been revealed publicly.
Szajko was a key witness in the Crown’s case against Ighani.
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Without his testimony, the Crown fears it may not have a strong enough case to proceed.
The BC Prosecution Service said in a statement to Global News that it is now reviewing the evidence to determine if the charge assessment standard can still be met.
“Under the Charge Assessment Guidelines, charges will only be approved or continued where Crown Counsel is satisfied that the evidence gathered by the investigative agency provides a substantial likelihood of conviction and, if so, that a prosecution is required in the public interest,” said the statement from Dan McLaughlin, Communications Counsel for the BC Prosecution Service.
“If, at any point, the prosecutor concludes that the evidentiary standard is no longer met or that a prosecution is no longer required in the public interest a prosecution cannot proceed,” the statement said.
When reached by phone, Szajko’s wife Michelle said she was shocked to learn of the review and felt “it’s wrong” as there is no question in her mind that the attempted murder charge should stand.
Szajko is described in his obituary as a roofer who enjoyed hunting and antique picking.
He leaves behind his wife, three children, two stepsons and a grandson.
It also states that Tom was awarded the Star of Courage from the Governor General.
“Mr. Szajko repeatedly entered a burning house to save six people in Oliver, British Columbia, on June 18, 1994. While driving by, he noticed a house on fire and immediately stopped, ran to the house and kicked open the front door. After helping five of the occupants out of the building, he learned there was a woman still inside. Unsure of where she was, he entered several times to search for her in the dense smoke. Finally, he heard a call for help and was able to locate the woman. As he reached her, an explosion sent the two backwards. The heat and smoke increased in intensity, but Mr. Szajko was able to drag the severely burned woman to the door where others assisted in pulling her out.”
A funeral service will be held at 1:00 pm Wednesday December 13, 2017 at the Oliver Elks Hall.
Until the review is complete, the case continues to wind its way through the courts.
A preliminary inquiry is scheduled for December 18.
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