A BC man has been found guilty of assault with a weapon after using a Bobcat skid steer to chase away two homeless people from his yard, injuring one of them in the process.
Judge Jeremy’s Guild decision was heard in Vernon provincial court earlier this month following an incident that occurred two summers ago, when a couple stopped in the shade of a tree near William John Mcrae’s home to avoid suffering heat stroke .
Guild convicted Mcrae of assault with a weapon and dangerous operation of a conveyance, saying the situation was “an unfortunate case of a law-abiding citizen making assumptions about two vulnerable people.”
The court heard the man and woman were riding bicycles on a public multi-use path towards Kin Beach on Okanagan Lake on August 22, 2022.
“They were going to make one last visit to the beach before leaving Vernon to get away from the drug subculture and deal with his substance use disorder,” Guild wrote. “The couple were hoping to spend a few enjoyable hours before continuing with their recovery plans.”
According to Guild, the couple carried “all their possessions in the world” on their bicycles.
Historical data from Environment Canada for that day showed that the maximum temperature reached 32.6 C. Since the woman was susceptible to heat stroke, the two decided to stop and rest under the shade of a tree.
It just so happened that that tree was in front of Mcrae’s property, the court heard. When Mcrae and his wife saw the couple on what they believed was his property, they called bylaw officers. City officials advised the Mcraes to call the police, Guild wrote, but they did not do so.
‘Intimidate and generate fear’
Mcrae came out and asked the couple to leave. They began moving, the Guild’s decision says, even though they believed they were on public property and doing nothing wrong.
“Mr. Mcrae could not properly understand or hear what they said. He says he did not speak to them anymore, but instead went and turned on a sprinkler with the intention of drenching them, as they were not moving fast enough for him,” Guild wrote. “Mr Mcrae thought the couple might have been asleep, but he saw they had started to move as a result of being soaked.”
Even then, Guild said, the couple “didn’t move fast enough for Mr. Mcrae,” so he went to get his Bobcat skid steer, which he uses for his landscaping business, and “put the biggest bucket he had in intimidate”. and instill fear” in the couple.
The court heard Mcrae drove the Bobcat towards the couple, even as they tried to collect their belongings.
“Mr. Mcrae hit the ground with the large metal bucket and then drove over and picked up his backpacks and bikes,” Guild wrote. “Mr Mcrae pushed the couple’s worldly possessions more than 100 feet down the paved road.”
Although the pair tried to stop Mcrae, he ignored them, Guild said. A witness to the incident attempted to intervene and, after conversing with him, Mcrae apparently “‘moved’ the bucket” of the Bobcat, brushing against the witness.
Bobcat ‘a weapon’
During the commotion, the man angrily cut off some of Mcrae’s flowers, an act Guild described as “understandable” given Mcrae’s “cruelty.” In retaliation, the court heard, Mcrae drove the Bobcat back to the couple’s belongings, “with the intention of destroying their bikes”.
He walked past the man, who was still in the flower bed at the time, but Mcrae did not know where his companion was, Guild wrote. The court heard Mcrae then “spinned the Bobcat more than once” with his focus on destroying the couple’s property. It was while he was damaging his bicycle that Mcrae hit the woman, Guild said.
“He knew that a Bobcat could seriously harm or kill people who were near him when he was being operated on… he did not care and took a risk,” Guild’s decision says, adding that he hit the woman while she was in the process of destroying your property. “As a result, she was injured and fell to the ground. The Bobcat was a weapon and Mr Mcrae attacked her with it.”
Mcrae himself testified that he chose the largest bucket he had for his Bobcat in order to intimidate and scare the couple, which Guild said furthered the argument that the Bobcat was used as a weapon.
‘Prejudices and assumptions’
On multiple occasions, Guild wrote that Mcrae’s actions were based on “assumptions” about the couple. Mcrae told the court he had had multiple experiences with people “trespassing and loitering” on his property, which caused him frustrations. Additionally, the victim was 33 years old when the incident occurred, which Guild said was a contributing factor.
“I have no doubt that Mr. Mcrae would not have done what he did to an elderly man or another person suffering from heat stroke,” Guild wrote.
“I’m sure he would have asked if they needed help and given it to them. He didn’t do it out of bias, prejudice and assumptions – precisely what (the victim) said he had suffered his entire life.”
Mcrae is scheduled to appear in court on June 14 for sentencing.