A murder trial is still underway in Kamloops, after a man confessed to killing two people.
Mitchell McIntyre, of Creston, B.C., was charged with second-degree murder in the death of his neighbour, 56-year-old Julia Howe, on Feb. 6, 2022. He also claimed to have killed another man in Kimberley, 69-year-old David Creamer, on the very same day.
However, he made these admissions while in psychiatric care.
During the lengthy voir dire proceedings started last May, Justice Paul Riley heard from the defence and prosecutors over the admissibility of McIntyre91Ƶs statements as evidence.
In a written decision released on Nov. 5, Riley decided to include all of McIntyre's statements to the RCMP and hospital staff from Feb. 7 to 18, 2022 were voluntary and admissible.
The trial ran from Nov. 12 to 22 and is expected to continue in March.
Deaths deemed non-suspicious
In Riley91Ƶs written B.C. Supreme Court decision, he called the initial findings that both deaths were of natural causes to be 91Ƶa most unusual feature of this case91Ƶ.
When Howe was found in a pool of blood on her bathroom floor, 91Ƶit was believed that she had fallen and suffered some kind of a medical trauma91Ƶ as there were no signs of an altercation or bullet wound.
It wasn't until an autopsy was performed, two days later on Feb. 8, that a bullet was found in Howe's head. The RCMP realized her death was a homicide, and McIntyre became a suspect.
As for Creamer, there is nothing linking McIntyre to his death, other than statements made to hospital staff. He was found in his Kimberley home, also on Feb. 6, 2022, with a small wound just below his left ear but no signs of a struggle.
91ƵThe first person to observe him, an adult son, assumed Mr. Creamer had banged his head and died of natural causes,91Ƶ said Riley. 91ƵA police officer attended the scene and, after consultation with a coroner, concluded that the death was an accident.91Ƶ
Creamer's body was cremated, leaving behind no forensic evidence for the RCMP to conduct a thorough investigation. No charges have been laid for his death.
Asking to be locked up
The morning after Howe91Ƶs death, Feb. 7, McIntyre went to the Cranbrook RCMP detachment insisting to be arrested, according to pre-trial documents, but he wouldn91Ƶt say why.
Officers told McIntyre he couldn't be taken into custody without reasonable grounds.
91ƵYou need to detain me, because I will harm myself and possibly others,91Ƶ McIntyre is quoted as saying, adding he felt 91Ƶmentally disturbed".
After asking for a lawyer, he was referred to duty counsel for legal advice. While McIntyre was on the phone in the station, officers learned from the Creston RCMP detachment there had been a 91Ƶsudden death91Ƶ across the road from where he lived, but it was 91Ƶdeemed non-suspicious91Ƶ.
McIntyre was then passed along for an interview with an officer in the General Investigations Section. When asked if he caused any harm to Howe, McIntyre did not want to answer.
91ƵI wanna tell you some stuff but I can91Ƶt - I91Ƶm sorry,91Ƶ McIntyre said.
After several hours of getting nowhere, McIntyre was apprehended under the Mental Health Act and taken to Cranbrook's East Kootenay Regional Hospital (EKRH).
91ƵIf I wasn91Ƶt here, I might do something bad91Ƶ
Within an hour of being admitted, McIntyre started telling doctors and hospital staff that he had shot a woman.
McIntyre had been reassured that everything he said would be kept within his circle of care, unless it would cause future harm to someone.
He also spoke of his past conflicts with his neighbour Howe over keeping a dog leashed.
91ƵThe doctors struggled to figure out whether Mr. McIntyre91Ƶs statements were reality-based or delusional,91Ƶ said Riley. 91ƵAt the same time, for confidentiality reasons, doctors did not want to reveal to the police any more than necessary about the content of what Mr. McIntyre had said in the course of treatment for an apparent psychiatric condition.91Ƶ
On Feb. 8, when the results of Howe91Ƶs autopsy were revealed, the RCMP told hospital staff a suspicious body had been found in Creston but did not provide further details than that.
91ƵFrom time to time, the police also tried to get more information from doctors and other hospital staff about what specifically Mr. McIntyre had said about his role in the death of Ms. Howe, about whether he had done anything else wrong, and about whether he posed any ongoing risk of harm to others,91Ƶ said Riley.
91ƵThe treating physicians resisted police efforts to obtain disclosure of Mr. McIntyre91Ƶs statements about past crimes, taking the position that if the police wanted such information they would have to obtain a court order for Mr. McIntyre91Ƶs medical file.91Ƶ
However, the doctors did report McIntyre91Ƶs violent thoughts about a list of people he wanted to harm.
On Feb. 11, officers executed a search warrant on McIntyre's car and found a revolver with ammunition matching the bullet fragment found in Howe91Ƶs autopsy.
Meanwhile, McIntyre also confessed to killing his former friend in Kimberley, who he referred to as 91ƵDavid Creamly91Ƶ, for betraying him. These details were not disclosed to the RCMP, but a social worker did break confidentiality protocol by asking if there had been any suspicious deaths in that area.
When McIntyre was informed there had been no report of a murder in Kimberley, he responded with 91Ƶapparent shock or perplexity91Ƶ.
At a meeting on Feb. 18 with the RCMP, one of his psychiatrists expressed concern about what would happen when McIntyre left the hospital.
91ƵIf I wasn91Ƶt here, I might do something bad,91Ƶ McIntyre had told him, implying he was taking precaution not to hurt others by staying put.
The RCMP didn91Ƶt share what they would do when McIntyre was discharged, other than attempt to interview him. They were reluctant to do so while he was still in the hospital, even on a voluntary basis, due to concerns the courts might consider any statements to have been taken under duress.
McIntyre stayed in the EKRH psychiatric unit for three weeks until he was discharged on March 1. He objected to the decision, saying he was a danger to others and needed to 91Ƶaccept the rightful consequences91Ƶ.
Second hospital stay
Once again, McIntyre showed up at the Cranbrook RCMP detachment, telling officers he had little money and nowhere to go.
That night, he was put up in a room at the Lazy Bear Lodge, as it sometimes serves as a homeless shelter in Cranbrook.
After several days out of custody, he returned to the EKRH emergency department on March 5, saying he didn91Ƶt 91Ƶfeel right in the head and had thoughts of harming people91Ƶ.
He was admitted for a second time, on a voluntary basis, even though he had been medically cleared. The doctor believed he should be in custody or transferred to a forensic psychiatric unit, considering the 91Ƶpotentially significant, serious, and severe consequences of what he is telling us91Ƶ.
During his second hospital stay, the RCMP obtained a production order for McIntyre91Ƶs medical records. On March 9, an investigator discovered a doctor's note with the confession about someone called 91ƵDavid Creamly91Ƶ. After a quick database search, officers confirmed Creamer died on the same day as Howe, approximately 135 kilometres from Creston.
Upon learning this, the officers leading the homicide investigation were angry with the doctors for not sharing timely information about McIntyre91Ƶs possible role in a second murder and the subsequent loss of evidence.
In his written decision, Riley noted that hospital staff were 91Ƶtrying to respect the limits of patient confidentiality91Ƶ.
Arrest of McIntyre
During his time at EKRH, McIntyre continued telling hospital staff about his intended 91Ƶhit list91Ƶ.
91ƵThe doctors concluded that despite these statements, Mr. McIntyre did not have an identifiable psychiatric condition that required ongoing hospitalization, and that any risk Mr. McIntyre might pose to the safety of the community was a law enforcement concern, not a medical issue,91Ƶ said Riley.
According to court documents, the RCMP had grounds to arrest McIntyre by March 12 but did not do so.
It wasn91Ƶt until March 16, when McIntyre was discharged from the hospital, officers were at the door waiting to arrest him for Howe91Ƶs murder. He has been in custody ever since.
The detailed timeline shows it took over five weeks after Howe's death for the arrest.
Admissibility of confessions
91ƵI have no difficulty finding that throughout his time at EKRH, Mr. McIntyre had an operating mind,91Ƶ said Riley. 91ƵHe was able to understand what he was saying, and that his statements could have legal consequences. He frequently told medical staff that he did not want to say more than he had to, because he was under investigation by the police, and his lawyer had advised him to make no statements.91Ƶ
Any confessions made onward from Feb. 18 were deemed inadmissible at trial, as the Crown failed to prove beyond a reasonable doubt that his statements were made freely and voluntarily.
Once the treating psychiatrist had admitted reluctance to release McIntyre from care, his treatment 91Ƶtranscended medical aspects91Ƶ and raised doubt about the relationship between RCMP and hospital staff.
91ƵIt is also a reasonable possibility that at least some of what Mr. McIntyre said to EKRH staff was the product of an indirect inducement, that if he said certain things that caused his treatment providers to believe he was mentally ill, he would be able to prolong his stay in the hospital, and thereby delay his arrest,91Ƶ said Riley.
The trial is scheduled to continue on March 17, for two more weeks if needed.