FILE — A break and enter occurred early Sunday morning at the Chameleon Restaurant in downtown Castlegar. (Submitted)

Nelson man sentenced after being shot during break and enter

Though shot, Brandon Malkinson avoided hospital and RCMP for four days.

Brandon Malkinson has been sentenced to 30 months in prison for the break in and assault at the Chameleon Restaurant on Sept. 3.

The incident happened in the early morning and the owner of the restaurant, Hartmut Kaden — who lives upstairs from the restaurant — went down to investigate the commotion after arming himself with a small-caliber handgun.

During the confrontation Malkinson, 35, used bear spray on Kaden, blinding him. Kaden then fired his gun, but at the time he didn’t know if he had hit the assailant.

Malkinson fled the scene on foot, and it turns out that he had been shot in the chest.

Thanks to several good tips from the public, investigative work and round-the-clock attention from the RCMP, officers caught up with Malkinson outside of a house in Nelson four days later.

“We got a couple of good tips from the public as to who we may be looking for,” said Sgt. Laurel Matthew of the Castlegar RCMP. “We zeroed in on a potential [target] and then the members worked all the cities and eventually tracked him down.”

Malkinson avoided going to hospital, but was taken there by RCMP when he was arrested.

Malkinson was remanded in custody until a Sept. 11 court appearance where he plead guilty to break and enter, assault and breach of probation. Sentencing took place on Sept. 13.

According to BC Court Services records, Malkinson has a list of convictions that dates back to 2003 with offences in Castlegar, Nelson, Creston, South Slocan, Kamloops, Dawson Creek and Chetwynd.

The list includes more than 10 counts of break and enter with intent to commit an indictable offence, plus theft under $5,000, assault with intent to resist arrest, possession of a stolen credit card, possession of stolen property over $5,000, willfully resisting or obstructing a peace officer, possession of a controlled substance, being unlawfully at large, possession of stolen property under $5,000, using a forged document, breach of probation and failure to appear — more than 30 counts in all.

The RCMP explained in a press release that charges would not be forthcoming against Kaden for using his handgun during the incident.

According to Sgt. Matthew, the handgun was a registered and legal firearm that was stored properly.

“He was put in a situation of — when you get bear-sprayed — you are incapacitated,” said Matthew. “There are several considerations that have to be made, that are taken into account when you defend yourself or your property and we found that he was acting with reasonable force considering the circumstance he was put in.”

“Police would also add that they don’t encourage people to take matters into their own hands if/when it’s possible to safeguard yourself and call 9-1-1.”

Just Posted

Pedestrian killed on Highway 22 Saturday evening

Police say 51-year-old man died after being hit by car

UPDATE: DriveBC says highway re-opened after accident

Highway 22 closed for seven hours on Saturday

Forestry workers set to begin job action in Kootenays

Operations in Castlegar, Cranbrook, Galloway, Elko, Radium, Golden may see job action this week.

Métis Flag flies in Trail on Louis Riel Day

Area students, officials and public attend flag raising at Trail City Hall

Early Trail borrowed a couple of names from the U.S.

Place Names: Connection between Trail and Butte, Montana

Saving salmon: B.C. business man believes hatcheries can help bring back the fish

Tony Allard worked with a central coast First Nation to enhance salmon stocks

High-end B.C. house prices dropping, but no relief at lower levels

But experts say home ownership remains out of reach for many for middle- and lower-income families

Worker killed in collision at B.C. coal mine

Vehicle collision occurred at approximately 10:45 a.m. this morning

B.C. asking for tips on ‘dirty money’ in horse racing, real estate, luxury cars

Action follows a Peter German report on money laundering in B.C. casinos

Canadian dead more than a week after plane crash in Guyana: Global Affairs

Global Affairs said it couldn’t provide further details on the identity of the Canadian citizen

Children between 6 and 9 eligible for $1,200 RESP grant from province

BC Ministry of Education is reminding residents to apply before the deadline

Victoria spent $30,000 to remove John A. Macdonald statue

Contentious decision sparked controversy, apology from mayor

Privacy concerns over credit card use for legal online pot purchases

Worries follow privacy breaches at some Canadian cannabis retailers

NEB approves operating pressure increase to repaired Enbridge pipeline

The pipeline burst outside of Prince George on Oct. 9, now operating at 85 per cent

Most Read