An Osoyoos Indian Band man with a history of violent offences, including an aggravated sexual assault, won鈥檛 receive bail over an alleged home invasion and high-level assault charges, at least until police are able to verify his alibi.
Brian Douglas Louie, whose regular interjections appeared to raise the ire of Judge Gregory Koturbash and lawyers throughout his bail hearing, was charged with one count each of assault, assault causing bodily harm, assault with a weapon and break-and-enter from an alleged incident last Saturday.
Crown counsel Ann Lerchs said the incident happened at about 2 a.m. on Feb. 24 in a house across the street from Louie, where a man and woman were sleeping. In their room, another bed was available for their son, but the child was with a family member that night.
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The two ignored knocking at the door because they were already in bed, according to Lerchs, who said the knocking got louder before the door was kicked in. Louie, along with co-accused Dean Gallagher, who is currently the subject of an arrest warrant, allegedly burst into the room, jumping on the man and assaulting him.
The woman reportedly ran into the kitchen, where Louie followed and allegedly hit her on the head with a chair, causing a cut and swelling on her head and a cut behind her left ear.
After she threw a bowl at him, Louie reportedly ran from the room with Gallagher, whom the male resident was reportedly able to fend off.
The complainants said they were aware of Louie, saying he lived across the street, and he was not wearing a mask at the time, making him easily identifiable, but said they didn鈥檛 report the incident to police for fear of reprisal from Louie.
The incident later came to police knowledge after an OIB band meeting.
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The Feb. 24 incident happened less than two months after Louie was released on bail for two counts of assaulting a police officer. At the time RCMP received reports of Louie acting odd at his sister鈥檚 house, including seeing people that weren鈥檛 there.
The Crown noted family and friends believed Louie had been using methamphetamine the previous two months.
The incident with RCMP took place at Louie鈥檚 father鈥檚 place, where police allege he violently obstructed their ability to apprehend him, including allegedly punching two officers in the head. Even after he was placed in handcuffs, officers allege Louie continued to fight back, headbutting both of the officers in the head, hard enough to stun one of them for a moment.
Because Louie was on bail, the onus is on him to prove why he should be released again.
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Lerchs noted a long history of violent offences, including a December 2012 conviction in an aggravated sexual assault and assault causing bodily harm for a May 2012 incident in Oliver, where he bit a woman鈥檚 genitals causing a severed artery and beat her up.
Defence lawyer Nelson Selamaj questioned the lack of a police report until days later and argued Louie had no idea about the incident. Selamaj explained that Louie鈥檚 cousin could attest to being with him the night of the Feb. 24 incident, but was unable to pinpoint a time.
Koturbash said he would likely not have granted Louie bail on the 鈥渂ald statement of (Louie鈥檚) lawyer,鈥� who will get the names of the people Louie claimed to be with that night.
Selamaj said he would then pass the names over to Crown to submit to police to investigate the alibi.
Lerchs said Louie would be facing time 鈥渨ell into the federal range鈥� of two or more years, given his history and the aggravating factors of the allegations, if he is convicted.
dustin.godfrey@pentictonwesternnews.com
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