A B.C. man has been found guilty of breaking into a South Okanagan pharmacy and torching the place, with video surveillance providing an important role.
On Friday, B.C. Supreme Court justice David Crerar released his decision regarding Steven Marlo Gallagher, who was accused of committing arson in Oliver during the early hours of May 15, 2021.
According to the decision, the incident began around 1 a.m., when police were called to a residence after reports of gunshots were heard.
Two police officers arrived, in separate vehicles, and approached the accused, who was “standing in his driveway, as if waiting for them. Police observed approximately two other males and three females; all were drinking. No one appeared particularly intoxicated.”
Gallagher denied there had been gunshots at his house and claimed they came from another direction.
“He was cooperative and offered to give the officers a tour of his house in order to convince them,” said the court decision.
“The officers took him up on his offer. The police found no evidence of criminal activity. During the tour, the spirit of cooperation suddenly turned.”
One of the officers said Gallagher stated words to the effect of “I don’t know why you cops don’t like me,” and then listed various complaints about the police.
The accused then ordered and escorted the two officers off his property around 2:15 a.m.
The two cops parked a half-kilometre down the street, in case something happened, but nothing did, so they left.
Around 4 a.m., though, the decision says police heard a loud “boom-boom-boom” outside the detachment. The officers looked out of a window and recognized a green Ford pickup truck from the accused’s property.
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On a side note, police said they later discovered bullet holes in a police car bumper.
“A few minutes later, they received a call that a pickup truck was on fire in Triangle Park,” said the court decision. “When they arrived at the park, someone shouted that the pharmacy was also on fire. The green Ford pickup truck was in flames.”
One of the police officers drove eastwards along Fairview Road, where he spotted a parked vehicle at a gas station.
“He again heard the ‘boom-boom-boom’ sound. The parked vehicle then revved its engine and drove away eastwards,” said the court decision.
“The officer was unable to see its ultimate destination, but given the few roads and sparse population in the area, one of the limited number of potential destinations would be the house of the accused.”
Crown counsel — which called three witnesses, all police officers — relied on a mix of testimony and surveillance video. The defence called no witnesses.
Video evidence was provided by the Osoyoos Indian Band (OIB), the gas station, a building supply store and security-camera footage from inside the pharmacy.
Video surveillance from the OIB shows a green pickup truck emerging from what is likely Gallagher’s property at 3:58 a.m., while the gas station video showed a parked and idling green pickup truck from 4 a.m. to 4:04 a.m.
Three minutes later, at 4:07 a.m., the building supply camera captured an idling green pickup truck, mounted on the curb and parked in the middle of Triangle Park.
At 4:13 a.m., a figure is seen walking from the truck, eastwards, toward the pharmacy.
At 4:15 a.m., security cameras inside the pharmacy showed a rock flying through the doorway, with a figure then entering the store. Some sundresses on display are lit on fire.
“Throughout the sequence, the arsonist‘s hoodie completely obscures his face. Even walking back towards the front door, his facial features are impossible to discern,” said the court decision.
“As he approaches the front door, however, the temptation of grabbing a refreshing post-arson drink proves too great. He turns towards the drinks cooler, and steals a beverage.
“With that turn, he provides a decent view of his face, from eyes to chin, both straight-on, as well as at half-profile. He then leaves the pharmacy through the smashed door.”
The court noted that while the pharmacy’s inventory was significantly destroyed, the building did not sustain any structural damage.
The justice said Crown’s circumstantial evidence, such as shell casings found in the burned truck, was bolstered by Gallagher being identified in the pharmacy video.
“It is unlikely that many people were up and active in the metropolis of Oliver at 4 a.m.,” said the justice. “The exterior videos confirm the lack of other vehicles and people in the heart of Oliver.”
The court decision is available online.