Jordan Shimell has been found guilty of manslaughter in the 2014 stabbing death of a Fruitvale man.

Sentencing is scheduled for May 24 following the verdict Judge Stephen Kelleher made in Rossland Supreme Court earlier this year.

In his ruling Kelleher found Shimell, a Montrose native, not guilty of second degree murder in the death of 52-year old Scott Decembrini but guilty of the offence of manslaughter.

The Crown’s case stated that Shimell, 25, stabbed the victim several times causing his death, and that the accused had the requisite intent to commit the offence of second degree murder.

The judge made his determination following testimony from family members, acquaintances, a forensic toxicologist and a forensic consultant.

While the date, place and unlawful act caused the death, Kelleher states,”The issue is intent.”

The defence of self-induced intoxication was considered under the Criminal Code, Kelleher notes Shimell was arrested at the scene and admitted to inflicting the fatal stab wound. But the Crown had to prove beyond a reasonable doubt, “that he meant to cause Mr. Decembrini’s death, or he intended to cause him bodily harm that he knew was likely to cause him death and was reckless as to whether the death ensued or not.”

While the victim was known to Shimell, Kelleher states, “There is insufficient evidence to conclude that the accused had a particularly violent temperament generally or that he covertly wished harm to Scott Decembrini.”

He also states an absence of motive and the evidence of the accused is that he had no intention to harm.

“In all circumstances…I must conclude that the evidence does not establish the requisite intent,” the judge concluded. “I am not convinced beyond a reasonable doubt that the accused intended to cause Scott Decembrini’s death or meant to cause him bodily harm that he knew was likely to cause his death and was reckless whether or not it ensued.”

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Fruitvale homicide case in Rossland court

Trail Daily Times

Fri Nov 27 2015

A local homicide case is being heard for a second week in Rossland Supreme Court.

Jordan Shimell, 25, is charged with one count of murder under section 235 of the Criminal Code of Canada following the Dec. 28, 2014 death of a Fruitvale man.

Greater Trail officers were called to a Fruitvale home that Sunday at 9:51 p.m. with reports of a man suffering serious, life-threatening injuries.

The victim, Scott Decembrini, was rushed to Kootenay Boundary Regional Hospital, where he succumbed to his injuries. Police said Shimell and Decembrini, 52, were known to each other but further details have not released pending trial, including the cause or manner of death.

Shimell has remained in police custody since his arrest at the scene, and earlier this year, plead ‘Not Guilty’ to the second degree murder charge.

There is a publication ban on the court proceedings.

Ken Wyllie is defending Shimell. Phillip Seagram, deputy regional crown counsel from Nelson is listed as crown counsel, and B.C. Supreme Court Justice Stephen Kelleher was presiding over the case on Thursday.

The case was moved to Rossland Supreme Court because offences under section 235 (1st or 2nd degree) are exclusive jurisdiction offences under section 469 and cannot be tried by a provincial court judge.

When an accused is charged with any offence listed under 469, including 235, he will be remained into custody and may only be released by a superior court judge.

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Fruitvale murder suspect remains in custody

Trail Daily Times

Thu Jan 8 2015

Greg Nesteroff

Special to the Trail Times

The man accused of killing a Fruitvale resident will remain in custody until at least Feb. 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 pretrial 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.

Shimell and Decembrini knew each other, but police have not revealed their exact relationship or the cause of death.