Updated Jan. 7, 2:45 p.m.
By Greg Nesteroff
Special to the Trail Times
The man accused of killing a Fruitvale resident will remain in custody until at least February 5.
Jordan Brian Shimell, 24, was remanded Wednesday during an appearance in Nelson provincial court. He is charged with second degree murder in the Dec. 28 death of Scott Douglas Decembrini, 52.
Shimell wore a maroon t-shirt with an animal print and jeans, and was shackled around his stocking feet. He said nothing and kept his eyes lowered during his brief appearance.
Defence lawyer Ken Wyllie said Shimell has agreed to remain in custody for now. He asked that Shimell be held at the Surrey pre-trial centre until his next court appearance in Rossland, to be conducted by video link.
Shimell, of Rocky Mountain House, Alta., was arrested without incident when RCMP responded to a report of a man with life-threatening injuries. Decembrini was rushed to hospital in Trail, where he died.
Shimell and Decembrini knew each other, but police have not revealed their exact relationship or the cause of death.
Posted Jan. 6, 11 a.m.
Jordan Brian Shimell, charged with the second degree murder of Fruitvale man, made his first appearance in the Rossland Courthouse on Monday.
Shimell, 24, was on the court’s list to consult legal council following the Dec. 28 death of 52-year old Scott Douglas Decembrini.
He remains in custody pending the next hearing, which is slated for Wednesday at the Nelson Courthouse.
A judicial interim release (bail) decision is expected to follow Shimell’s second court appearance.
The case remains a Rossland Courthouse file and ideally all appearances should be made at that location, however with no court scheduled for Jan. 7, Shimell’s hearing was moved to Nelson.
Shimell, listed in a police report as a resident of Rocky Mountain House, Alta, was arrested without incident at the scene.
The victim was rushed to the Kootenay Boundary Regional Hospital where he succumbed to his injuries.
While the accused and victim were known to each other, no further details are being released, including the cause or manner of death.
With assistance from the Kootenay Boundary Regional District RCMP and Trail & Greater District RCMP, the BC RCMP Southeast District Major Crimes Unit continues to investigate. Anyone with information is encouraged to call the police (and can remain anonymous) at 250.364.2566 or Crime Stoppers at 1.800.222.8477.
When a person is not released from custody upon being arrested or detained for a criminal offence by the RCMP, the individual must be brought before a justice of the peace or a Judge for a bail hearing within 24 hours or as soon as possible under Section 503 of the Criminal Code of Canada relating to judicial interim release.
Under Section 515 of the Criminal Code, the accused must be released on an undertaking without conditions unless the prosecutor shows cause as to why detention or stricter bail is required.
If the Crown seeks bail with conditions, or detention, the Crown Prosecutor must show one of three specific causes to the justice.
Primary ground refers to ensuring the accused’s attendance in court; secondary takes into account the protection and safety of the public from further crime or witness interference; and the tertiary ground is meant to maintain public confidence in the administration of justice.