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One Dead, One In Hospital, One in Custody in Kitimat

By 250 News

Monday, October 10, 2011 04:14 PM

Kitimat, B.C.- One woman is dead, a man in stable condition , both victims in a break and enter in a home in the Whitesails area of Kitimat early Sunday morning.
Police first got the call yesterday morning at 7:00 when a break and enter with assault was reported.
 
When police arrived in the scene, they found a man and woman, both in their mid 40’s had been assaulted. The two were taken to hospital where the woman died last night, and the male underwent surgery. Their names are not being released t this time.
 
A short time after police attended the residence a male was located nearby and was arrested without incident.
 
A 19 year old male is in custody and has been charged with 2nd degree murder, aggravated assault, and break and enter with intent. He is scheduled to make his first court appearance in Terrace Provincial Court on Tuesday October 11th.
 
Kitimat RCMP, along with North District Major Crime, Forensic Identification, Regional GIS and E Division Serious Crime Unit are involved in the investigation. At this time police are actively working to determine the motive and relationship, if any, between the victims and suspect. Investigators have not ruled out the possibility that this was a random attack.
 
Police remain at the scene and are canvassing the area for any additional information.

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Comments

Break and enter with intent should be 1st degree murder. If I was to guess then the 19 year old wanted something from the couple... I think if so then that should be 1st degree murder even if it was a grow op or anything considered illegal that may have attracted this crime. We should all still get equal assumption to justice under the law IMO. If it was completely random, then all the more reason to see him locked up for as long as possible.
To be first degree one must prove that the person entered the house with the intent to kill. Unless there is some sort of relationship, I suspect that would be difficult to do.
must have been scary. Makes me wish we could bear arms in our homes. But in this case would of been the victom going to jail and maybe only the assailant dead.
Only if they found the body 007.
Gus, you may be incorrect in your assessment of the situation. Section 230 of the Criminal Code could apply here -- it's considered murder to kill someone in the commission of certain offences, as noted here:

Murder in commission of offences
230. Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if

(a) he means to cause bodily harm for the purpose of

(i) facilitating the commission of the offence, or

(ii) facilitating his flight after committing or attempting to commit the offence,

and the death ensues from the bodily harm;

(b) he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or

(c) he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.
On the other hand, Gus, I overlooked the "first degree" component of your statement and I think you are likely correct in that regard. In any case, what a scary situation.
19 years old and charged with murder,probably drug related,I feel for the familys.