The six-week trial of RCMP officer Jason Tait was held in Nelson at the Capitol Theatre because the courthouse could not accommodate a jury under COVID-19 restrictions. File photo

The six-week trial of RCMP officer Jason Tait was held in Nelson at the Capitol Theatre because the courthouse could not accommodate a jury under COVID-19 restrictions. File photo

UPDATED: Nelson jury finds RCMP officer Jason Tait not guilty

The decision came on Nov. 6 after a five-hour deliberation

A jury in Nelson has found RCMP officer Jason Tait not guilty of manslaughter and of dangerous driving.

The decision came on Nov. 6 after five hours of deliberation following a six-week trial.

On Jan. 29, 2015, Tait attempted to pull over drunk driver Waylon Edey on the highway near Castlegar. When Edey did not stop, a series of events occurred that led to Tait fatally shooting Edey.

The trial concerned whether Tait’s use of force was necessary and reasonable in the circumstances.

In an email to the Nelson Star on Nov. 7, Tait’s lawyer David Butcher wrote, “Jason and his wife, Julie, are very relieved that more than five and a half years of anguish are over. The evidence was very clear that Const. Tait was simply trying to carry out his duty to make the roads of the West Kootenay safer for every road user and pedestrian by trying to arrest a prolific, highly intoxicated, repeatedly prohibited driver.”

When Edey did not stop for Tait’s lights and siren on the highway near Castlegar, Tait overtook Edey and passed him, then placed his car across the westbound lane on the Kinnaird Bridge leading into Castlegar, blocking Edey’s path.

Tait testified in the trial that it was immediately apparent to him that Edey did not intend to stop. Afraid for his life, he exited his car and ran across the eastbound lane, expecting that Edey was about to ram his vehicle.

Edey’s vehicle then veered into the eastbound lane, heading straight for Tait, who testified that he expected to be run over and killed. As he ran across the eastbound lane he fired four shots at the driver’s windshield of Edey’s vehicle and then narrowly escaped being run over by it.

In summary comments to the jury on Nov. 6, Crown prosecutor Brian McKinley’s position was that Tait moved on foot into the eastbound lane to confront Edey, an unnecessary and dangerous move that led to Edey’s death.

Butcher said Tait had testified that he left his vehicle and ran across the eastbound lane to save his own life, expecting his car to be rammed.

McKinley told the jury the Crown’s evidence showed that Tait’s decision to cut off the path of Edey’s vehicle was dangerous and unnecessary and led eventually to Edey’s death.

“Constable Tait’s actions … were a marked and substantial departure from what a reasonable police officer would have done in the circumstances,” McKinley said.

Butcher said the defence evidence showed that Tait’s decision to cut off Edey was a calculated risk designed to prevent an intoxicated driver from entering downtown Castlegar.

“Waylon Edey was a danger to each and every person who drives or walks on our streets,” Butcher said. “He was disdainful of the law. He was an outlaw in every way. Const. Tait is hired by all of us to protect us from people like Mr. Edey. He had a duty to act.”

The investigation of Edey’s death was done by the Independent Investigations Office (IIO), the agency that investigates incidents in which people are injured or killed by police officers. The IIO decides whether to recommend to the Crown that criminal charges be laid, as they did in this case.

Butcher, in his remarks to the jury and in his email to the Nelson Star, was sharply critical of the IIO’s investigation and of the Crown’s decision to charge Tait and take the case to trial.

“The investigation and prosecution of a completely innocent man cost millions of taxpayer dollars,” he wrote. “Thankfully, the jury – a random collection of everyday folk from the Nelson area – used their common sense and life experience to bring the five and a half years of nonsense to an end in less than five hours.”

In response, the provincial Crown office said in an email that the Crown applies a two-way test to decide whether to approve charges: there must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency, and the prosecution is in the public interest.

“The BCPS approved charges in this case after concluding that the charge assessment standard for proceeding with criminal charges was met,” the email states. “The same standard is applied to all reports to Crown Counsel. While the verdict in this case is not the result the BCPS advocated for, we respect the jury system and the judicial process that supports it.”

Ronald MacDonald, the chief civilian director of the IIO, told the Nelson Star in an interview that the agency stands by its investigation in the Tait matter and disputes Butcher’s allegation that the investigation was incompetent.

He pointed out that before the matter came to a trial, a judge in a preliminary hearing had decided there was enough evidence to try the case.

In any event, he said, “This trial was not about the competence of the IIO investigation. It was about whether or not the officer in this case had breached the criminal law.”

He said the fact that a jury found Tait not guilty should not lead to the conclusion that the case should not have gone to trial.

The last six paragraphs of this story were added on Nov. 12.

Related:

Defence begins presenting evidence in Nelson jury trial of RCMP officer

Trial of RCMP officer begins in Nelson’s Capitol Theatre

Crime

Just Posted

“I want to see the difference in the world, embrace it, celebrate it … ” Photo: David Cantelli/Unsplash
A new way to say ‘Hello’

“Inclusion, you see, is NOT about making us all the same.”

Waneta Manor is located on Laburnum Drive in Trail. Photo: Sheri Regnier
Senior dies as Trail tenants continue wait for broken elevator to be fixed

The elevator in Waneta Manor has been out of commission since February

Area A Director Ali Grieve (right), Village of Fruitvale Mayor Steve Morissette (front), and Village of Montrose Mayor Mike Walsh (left) held a congratulatory ceremony for Beaver Valley students who are part of the Class of 2021 graduates of J. L. Crowe Secondary at Beaver Creek Park on Thursday. Photo: Jim Bailey
Beaver Valley Grads of 2021

Beaver Valley mayors, RDKB Area A director celebrate their 2021 graduates with gift ceremony

Adrian Moyls is the Selkirk College Class of 2021 valedictorian and graduate of the School of Health and Human Services. Photo: Submitted
Selkirk College valedictorian proves mettle in accomplishment

Adrian Moyls is a graduate of the School of Health and Human Services

A volunteer delivers food to families as part of a West Kootenay EcoSociety program. Photo: Submitted
Farms to Friends delivers 2,500th bag of food to families in need

The program services communities in the Nelson, Trail and Castlegar areas

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

Most Read