B.C. Mountie loses bid to stay charges in obstruction of justice case
A Prince George RCMP officer has lost a bid to stay an obstruction of justice charge and will now be sentenced, in a case connected to the death of an Indigenous man in custody.
In July 2024, Const. Arthur Dalman was found guilty of obstructing justice for ordering a bystander to delete cellphone video showing the aftermath of the police takedown and arrest of Dale Culver on July 18, 2017.
The 35-year-old Gitxsan and Wet'suwet'en man died in police custody 29 minutes after he was arrested, following a struggle with multiple police officers. Dalman is one of two officers who went on trial in the obstruction of justice case.
The constable filed an application to stay his 2024 conviction, arguing that lengthy pre-trial delays meant he was denied his Charter rights to a trial within a reasonable timeframe.However, in a ruling on May 29, Judge Adrian Brooks dismissed Dalman's application. His next court appearance is on June 19 to schedule a date for his sentencing.
The other officer accused of obstruction of justice, Staff Sgt. Bayani (Jon) Eusebio Cruz was found not guilty in 2024.
Culver's arrest and death happened nearly eight years ago, on July 18, 2017. That was followed by an investigation by B.C.'s Independent Investigations Office (IIO), an oversight agency that investigates anytime a police-involved incident results in serious harm or death.
It filed its initial report to Crown counsel in July 2019, followed by an updated report in May 2020.
Close to three years later, in February 2023, Crown prosecutors announced charges of manslaughter against two Mounties and charges of obstruction against three others, the first time the accused were publicly named.
Charges against the two officers accused of manslaughter were stayed in April 2024.
Charges against one of the officers accused of obstruction were stayed a month later, while the trial for the other two officers accused of obstruction was completed on July 25, 2024, resulting in Dalman's guilty verdict.
'Rare occurrence,' civil rights group says
Culver's death and its aftermath have been viewed by civil rights advocates and First Nations leadership groups in B.C. as a key test of the justice system's ability to hold police accountable.
The B.C. Civil Liberties Association (BCCLA) hailed the recent dismissal of Dalman's application, with a staff lawyer saying it's uncommon for officers to be charged with criminal offences and even less common for them to be found guilty.
"We recognize that this is such a rare occurrence — that not only was Const. Arthur Dalman found guilty of obstruction of justice, but that despite his application to challenge that verdict, the judge upheld his guilty verdict," said Latoya Farrell.
"And now we're going to be moving to sentencing, which is monumental in steps towards the police accountability."
In a statement shared by the BCCLA, Culver's daughter asked how many people would have to die before the public realized the justice system was broken.
"We have been waiting eight long years for this, and I have somehow managed to remain positive about my feelings that eventually someone would be held accountable," Lily Speed-Namox said.
However, the National Police Federation's Pacific-North director, Chris Voller, was critical of Dalman's application being dismissed.
"I think that this was an error," he told CBC News. "I think it was very clearly demonstrated, throughout the testimony of all involved, that Const. Dalman's Charter rights were clearly denied."
Voller said the IIO, which forwarded a report to Crown prosecutors in Dalman's case recommending that charges be laid, made evidentiary errors in the case.
"The public of British Columbia want and deserve to have the ability to say the oversight of their police officers is competent, timely and reasonable," he said.
"We would request a review of the competency, timeliness and reasonableness associated to both the IIO investigations and charge assessment by the Crown counsel."
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hamilton Spectator
4 hours ago
- Hamilton Spectator
Direct indictments now in place for all four accused in Taig Savage murder
All four charged in the 2021 homicide of Taig Savage, a young man from Penticton, will proceed directly to trial after Crown prosecutor Kurt Froehlich filed direct indictments at the Penticton courthouse on Monday. This move eliminates the need for preliminary hearings. Savage, 22, was found unresponsive near Penticton Secondary School on the morning of September 5, 2021, after reportedly being attacked in a group beating. He died shortly after being transported to hospital. Police say he had left home that morning wearing pajamas and a hoodie. After a lengthy investigation, second-degree murder charges were laid in April 2024. The accused include three individuals who were under 18 at the time of the incident and are therefore protected under the Youth Criminal Justice Act. The fourth is Isaac Hayse Jack, now 22, who was 18 at the time and is charged as an adult The three youths were initially charged with manslaughter, but their charges were upgraded to second-degree next court appearance for all four accused under the direct indictment is scheduled for July 14. Jack remains free under strict bail conditions. Two of the three young offenders have recently breached their bail conditions. One male youth is currently in custody following his second breach in recent weeks. He has been held for nearly three weeks and is scheduled for a bail hearing on June 17 in Kelowna. The Crown has indicated it will seek jail time after he previously pleaded guilty to an earlier breach. His lawyer, Nelson Selemaj, is expected to request his release under 24-hour supervision, including electronic ankle monitoring. However, the Crown will argue for continued detention until trial. On May 16, the youth pleaded guilty to breaching a court-ordered curfew. The Crown is seeking a 30-day sentence, potentially longer in light of his second arrest. While Selemaj requested a pre-sentence report, Froehlich argued it was unnecessary, citing an existing Gladue Report. Judge Greg Koturbash agreed to postpone sentencing to hear from the youth's community service officer. Meanwhile, the only female co-accused, now 19, recently pleaded guilty to assault related to a separate incident in November 2023. Because she was a minor at the time of the homicide charge, her identity remains protected. She faces up to six months in jail, with sentencing set for June 19. According to Froehlich, the woman was driving through a hotel parking lot in downtown Penticton when a stranger criticized her driving. After a brief exchange, she followed him, parked, approached on foot, and struck him in the face. The unprovoked attack, caught on video, was later reported to police. The incident violated her bail conditions, leading to 13 days in custody before her release under new terms. Froehlich called the assault 'a serious aggravating factor,' emphasizing how rare it is for someone facing a murder charge to commit another violent offense while on bail. He recommended three to six months in jail, followed by two years' probation with strict conditions, including anger management and a no-contact order with the lawyer Cory Armour argued for a conditional sentence to be served in the community, highlighting the woman's remorse and life changes, including moving in with her grandmother, securing full-time work, and accepting responsibility. Armour submitted five letters of support and noted her grief over the recent loss of her stepfather and stress from her charges being upgraded.' She is committed to keeping on a straight path,' Armour said, urging the court to avoid incarceration. Justice Lynette Jung will deliver her sentencing decision on June 19. Until then, the woman remains under her grandmother's supervision. Jack and the three co-accused had initially opted for preliminary hearings, which are now cancelled due to the direct indictments. The three co-accused will be tried together by judge and jury. Jack will face a separate trial, also by judge and mother, Tracey, was again present in court Monday. She has attended nearly every hearing. DW Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Yahoo
11 hours ago
- Yahoo
Today in Chicago History: The Rolling Stones appear on Michigan Avenue in ‘tight trousers and haggard looks'
Here's a look back at what happened in the Chicago area on June 11, according to the Tribune's archives. Is an important event missing from this date? Email us. Weather records (from the National Weather Service, Chicago) High temperature: 97 degrees (1954) Low temperature: 41 degrees (1980) Precipitation: 3.02 inches (1926) Snowfall: Trace (2001) 1953: Celinus 'Clem' Graver, state representative and 'Bloody 21st' Ward Republican committeeman, was kidnapped from his garage half a block from his home at 976 W. 18th Place, as his wife and a friend watched. Graver was never heard from again. Part of the problem — Graver was a mystery himself. 'Although his government salary totaled only $5,000, he had two $30,000 homes, wore tailored suits and panama hats, and never carried less than $500 in cash,' Tribune reporter Ann Marie Lipinski wrote in 1978. 'Investigators also discovered that the ward committeeman, often described as 'ruggedly handsome,' had made several secret trips to Cuba before the kidnapping.' 1964: A news conference held by the Rolling Stones in Nathaniel Hale Court outside Tribune Tower was abruptly ended when Larry Koznatz, a barber at the Chicago Sheraton (now Sheraton Grand Chicago Riverwalk) hotel, offered to give the five lads hair cuts. 1971: As TWA Flight 358 boarded at Chicago's O'Hare International Airport, Gregory White grabbed flight attendant Catharine Culver and put a gun to her neck. When passenger Howard L. Franks of Darien, Connecticut, tried to help Culver, White shot and killed him. The Federal Aviation Administration said it was the first time a passenger had been killed in a U.S. airplane hijacking. No metal detector had been used to screen passengers at the gate. White made Culver sit next to him aboard the aircraft and told all other passengers to exit the plane before it took off for New York, as scheduled. He demanded the pilot take him to North Vietnam, requested $75,000 and 'a machine gun with plenty of ammunition.' During the confusion, word spread at the airport that a short man was needed to crawl into the plane through its cockpit window. Deputy U.S. Marshal Joseph Zito, 5 foot 6, who had just retired as chief of police in Cary, donned a captain's uniform, slid into the plane undetected, then waited. It was his first-ever plane ride, which he spent most of on his stomach 'dodging bullets and matching wits' with White. With the captain's permission, Zito fired two shots during the flight, which hit White in the shoulder. After the plane landed, Culver and the flight crew escaped without harm. White, who was taken into custody by federal agents, was later found incompetent to stand trial on hijacking and murder charges. White hung himself at Chester Mental Health Center in Illinois seven years later. 1997: In what would become known as the 'Flu Game,' a vomiting, dehydrated Jordan scored 38 points, grabbed 7 rebounds, dished out 5 assists and hit the go-ahead 3-pointer late in a series-shifting Game 5 win against the Jazz in Utah. Subscribe to the free Vintage Chicago Tribune newsletter, join our Chicagoland history Facebook group, stay current with Today in Chicago History and follow us on Instagram for more from Chicago's past. Have an idea for Vintage Chicago Tribune? Share it with Kori Rumore and Marianne Mather at krumore@ and mmather@
Chicago Tribune
12 hours ago
- Chicago Tribune
Today in Chicago History: The Rolling Stones appear on Michigan Avenue in ‘tight trousers and haggard looks'
Here's a look back at what happened in the Chicago area on June 11, according to the Tribune's archives. Is an important event missing from this date? Email us. Weather records (from the National Weather Service, Chicago) 1953: Celinus 'Clem' Graver, state representative and 'Bloody 21st' Ward Republican committeeman, was kidnapped from his garage half a block from his home at 976 W. 18th Place, as his wife and a friend watched. Graver was never heard from again. Part of the problem — Graver was a mystery himself. 'Although his government salary totaled only $5,000, he had two $30,000 homes, wore tailored suits and panama hats, and never carried less than $500 in cash,' Tribune reporter Ann Marie Lipinski wrote in 1978. 'Investigators also discovered that the ward committeeman, often described as 'ruggedly handsome,' had made several secret trips to Cuba before the kidnapping.' 1964: A news conference held by the Rolling Stones in Nathaniel Hale Court outside Tribune Tower was abruptly ended when Larry Koznatz, a barber at the Chicago Sheraton (now Sheraton Grand Chicago Riverwalk) hotel, offered to give the five lads hair cuts. 1971: As TWA Flight 358 boarded at Chicago's O'Hare International Airport, Gregory White grabbed flight attendant Catharine Culver and put a gun to her neck. When passenger Howard L. Franks of Darien, Connecticut, tried to help Culver, White shot and killed him. The Federal Aviation Administration said it was the first time a passenger had been killed in a U.S. airplane hijacking. No metal detector had been used to screen passengers at the gate. White made Culver sit next to him aboard the aircraft and told all other passengers to exit the plane before it took off for New York, as scheduled. He demanded the pilot take him to North Vietnam, requested $75,000 and 'a machine gun with plenty of ammunition.' During the confusion, word spread at the airport that a short man was needed to crawl into the plane through its cockpit window. Deputy U.S. Marshal Joseph Zito, 5 foot 6, who had just retired as chief of police in Cary, donned a captain's uniform, slid into the plane undetected, then waited. It was his first-ever plane ride, which he spent most of on his stomach 'dodging bullets and matching wits' with White. With the captain's permission, Zito fired two shots during the flight, which hit White in the shoulder. After the plane landed, Culver and the flight crew escaped without harm. White, who was taken into custody by federal agents, was later found incompetent to stand trial on hijacking and murder charges. White hung himself at Chester Mental Health Center in Illinois seven years later. 1997: In what would become known as the 'Flu Game,' a vomiting, dehydrated Jordan scored 38 points, grabbed 7 rebounds, dished out 5 assists and hit the go-ahead 3-pointer late in a series-shifting Game 5 win against the Jazz in Utah. Subscribe to the free Vintage Chicago Tribune newsletter, join our Chicagoland history Facebook group, stay current with Today in Chicago History and follow us on Instagram for more from Chicago's past.
