New dates set for police assault suspect

Seven days of court time have been scheduled in May and June for the resumption of a trial for a man charged with assaulting a peace officer in the North Okanagan.

The lawyer for suspect Curtis Sagmoen was granted an adjournment last week to review recently provided Crown evidence and to prepare a charter challenge.

The Crown alleges Sagmoen, born in 1980, ‘body-checked” a female police corporal into a wall while he was being arrested on a breach of probation charge at his home in Spallumcheen in October 2020.

The trial continuation dates, confirmed at a hearing Tuesday, will be May, 3, 4 and 5 and June 6, 7, 8 and 9, 2022.

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The trial of a man accused of assaulting a police officer in Spallumcheen in 2020 has been put on hold.

A provincial court judge has approved an application by the defence for an adjournment in Curtis Sagmoen’s trial to give his lawyer, Lisa Jean Helps, more time to review Crown evidence and prepare a charter challenge.

The case will return to provincial court next Tuesday, March 8 at 2:00 p.m. for a pre-trial conference to outline new dates.

Sagmoen, born in 1980, is alleged to have “body checked” a female RCMP corporal while he was being arrested for a probation breach at his home on Oct. 29, 2020.

“Mr. Sagmoen is alleged to have deviated from the course he would normally take to go down some steps and lunged at Cpl. Kovacs in the form of a body check, pushing her against the wall of the house,” said Judge Jeremy Guild in his decision on the adjournment. “That is the alleged assault. The Crown is relying entirely on the search warrant, and it’s admitted facial validity, to prove the essential element that Cpl. Kovacs was in the execution of her duty by being on the property.”

Earlier this week, Sagmoen entered a not guilty plea to the charge.

Earlier this week, Helps asked for the adjournment to review 500 pages of disclosure from the Crown, some of it only provided recently. The new information has led to the defence seeking a new charter challenge.

The judge was not prepared to rush into the evidence portion of the trial without giving Helps time to review the Crown’s assertions.

“In essence, just because the alleged facts of the assault are simple, does not mean that the trial is simple. It’s complicated by the legitimate way the defence seeks to meet the Crown’s case,” Guild stated.

Guild added he was mindful that a delay could impact Sagmoen’s right to be tried within a reasonable time, which is 18 months from when the charge is laid under the Jordan rule.

“The fact that we are so close to the Jordan timeline, I’ve also considered whether a mistrial would be appropriate,” said Guild who ruled out that option as “not required and not appropriate.”

“The only other remedy in my view is an adjournment, and with all the circumstances, it’s appropriate, and I grant an adjournment application for the defence,” the judge concluded.

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Sagmoen enters not guilty plea, defence seeks adjournment
Mar 1, 2022 | 12:40 PM
Story by Liam Verster

A man on trial for an alleged assault of a police officer has plead not guilty.

Curtis Sagmoen entered the plea on the morning of Tuesday, March 1, the first day of his trial in provincial court.

Sagmoen, born in 1980, is facing the charge after allegedly lunging into a female officer after being placed under arrest in October of 2020 while a search warrant was being executed in a breach of probation investigation. The incident occurred in Spallumcheen near Sagmoen’s home.

Sagmoen’s lawyer, Lisa Jean Helps, asked the judge for an adjournment to examine the evidence Tuesday.

Helps told the court that there are 500 pages of documents that include statements from officers on the scene that need to be examined further to establish her argument.

She claimed time is needed to look over everything in order to ensure the justice system is upheld and that counsel does not advance an erroneous defence.

Crown lawyer, Simone McCallum, did admit the documents may have been provided to the defence a little late, but countered by saying they were still available for analysis days before the trial so the defence could establish an argument.

The request for an adjournment was not granted during the morning session. The trial is expected to continue Wednesday, March 2 at 9:30 a.m.