Advocates for missing and murdered women hold demonstraiton outside Vernon Law Courts Wednesday (Pete McIntyre/Vernon Matters)

By Pete McIntyre / Vernon Matters

CURTIS SAGMOEN

Sagmoen acquitted of one charge

Dec 18, 2019 | 2:54 PM

VERNON, B.C. — Curtis Sagmoen is facing one less charge at his trial in Vernon Supreme Court.

B.C. Supreme Court Justice Alison Beames agreed with a defence request Wednesday for a “no evidence motion” and issued an acquittal on a charge of uttering threats.

“Under the circumstances, I effectively have no choice. I will grant the no evidence motion sought by defence counsel and I will direct an acquittal be entered with respect to count four (uttering threats),” Beames said.

Sagmoen’s lawyer, Lisa Jean Helps, successfully argued there was no evidence that suggested a threat was uttered or verbalized to the victim in August 2017 at a rural site near Falkland.

“The normal use of the word utter is with regards to a verbal utterance. There is case law to suggest that, and I say there was no evidence that a threat was ever uttered to [the victim] as the evidence on trial,” Helps said.

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The Crown did not dispute the motion as the victim in her testimony was not able to recall any words said to her by her assailant.

“The Crown does agree. I certainly reviewed [the evidence] last night and it left me no doubt that was the case,” prosecutor Simone McCallum said.

It leaves four charges against Sagmoen including disguising his face with intent, two weapons charges and one of possessing a controlled substance.

Helps said she would not contest count five, the possession of a controlled substance charge. Helps said the drug was methamphetamine.

“Based on the truck search being legal, I would say I will not be making submissions on that,” Helps added.

“You are inviting a conviction on count five?” Justice Beames asked.

“I am,” replied Helps.

A group of about a dozen protestors representing murdered and missing women demonstrated on the courthouse steps prior to Wednesday’s start of court proceedings.