A convicted Kelowna killer who gained province-wide attention last week for his latest arrest and subsequent release from custody has had all charges against him dropped.
The B.C. Prosecution Service said in an email Thursday, that Tyler Jack Newton, 32, had charges from a December 2021 incident of aggravated assault, using an imitation firearm, and assault with a weapon stayed Oct. 28 when “the standard for the charge” was not met.
Previous allegations of breach of release were dealt with by way of warrant and bail review.
“The Crown is still proceeding against the co-accused (Dayton McAlpine),” Dan McLaughlin with the BC Prosecution Service said.
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“The charges against Mr. Newton were stayed when the Crown with conduct of the case received new information that caused them to conclude that the charge assessment standard for proceeding with charges was no longer met.”
That information was not disclosed but McLaughlin said that in discharging the charge assessment function, Crown Counsel must independently, objectively, and fairly measure all the available evidence against a two-part test.
That includes assessing “whether there is a substantial likelihood of conviction” and, if so, “whether the public interest requires a prosecution.”
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“This two-part test continues to apply throughout the prosecution,” he said.
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Even without these latest charges, Newton has a criminal record that spans more than a decade with 50-plus criminal charges.
His most notable crime, however, is the 2014 fatal stabbing of bus passenger Caesar Rosales.
BC Liberals said in the legislature last week that he is a prime example of the “catch and release” problem the courts are exacerbating.
“He is described in parole documents as someone with “consistent disregard for the law, pro-criminal attitudes and values and a high-risk and high-needs offender who has not mitigated that risk,” said Karin Kirkpatrick, BC Liberal MLA for West Vancouver-Capilano said last week.
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“(He’s) a prolific offender who has a history of blatantly violating release conditions, yet he faces no consequences. He has been released again because of the incoming soft-on-crime premier’s catch-and-release program.”
She said the BC Liberals are calling for NDP government to issue a directive to Crown prosecutors, “that puts the rights of the community safety ahead of the criminals’ right to reoffend.”
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