B.C. man sentenced for assaulting, intimidating homeless couple with skid-steer loader

A Bobcat skid-steer loader is seen in this undated image. (Shutterstock)

An Okanagan man who used a skid-steer loader to destroy the possessions of a homeless couple, knocking one of them unconscious as he ran over their belongings, will not face jail time for the assault.

William John Mcrae, of Vernon, B.C., was found guilty in May of assault with a weapon and dangerous driving. On Monday, B.C. provincial court Justice Jeremy Guild sentenced Mcrae to eight months of house arrest and curfew, followed by 12 months of probation.

Mcrae, who the judge described as having "done much more than most to help vulnerable people," was also ordered to submit a DNA sample to the court, and provide a letter of apology to the woman he hit with the Bobcat.

The charges stem from an incident in August 2022, when the couple, Tia Myiot and Antonio Savinainen, were riding their bikes from downtown Vernon to nearby Kin Beach.

The couple stopped their bikes along a public path to rest in the shade of a tree near Mcrae's home, as Myiot was prone to suffering heat stroke and the temperature that day would reach over 32 C.

"They were going for one last visit to the beach before leaving Vernon to get away from the drug subculture, and to deal with their substance use disorder, commonly referred to as an addiction," the judge wrote. "They had all of their possessions in the world on their bicycles and in a couple of packs."

When Mcrae and his wife spotted the couple, believing them to be trespassing on their property, they called bylaw officers, who in turn advised them to call the police.

'Intimidate and strike fear'

Instead of calling the police, Mcrae went outside and told the couple to leave.

They started to move along, "although they did not think they were doing anything wrong as they believed they were on public property," but not fast enough for Mcrae, who turned on a sprinkler and began soaking the pair with water, the court heard.

"They again did not move quickly enough for Mr. Mcrae, who immediately went to get his Bobcat, and put on the largest bucket he had to intimidate and strike fear into Ms. Myiot and Mr. Savinainen," the judge wrote.

While the couple tried to gather their belongings up, the homeowner "banged the large metal bucket on the ground and then drove and scooped up their packs and bicycles," according to the judge. "Mr. Mcrae pushed the couple's worldly possessions over 100 feet on the asphalt path."

The couple protested, running alongside the Bobcat and waving their arms. A bystander who saw the altercation tried to intervene, getting "between the bucket and the body of the Bobcat," the court heard. "After a brief conversation, Mr. Mcrae 'twitched' the bucket, grazing the male (bystander) with it."

An angry Savinainen began to damage the flowers in Mcrae's flowerbed, which the judge described as "understandable" given Mcrae's "cruelty."

The homeowner then drove the Bobcat back to the couple's bikes and belongings, running over and destroying them, before fleeing to a nearby gas station to avoid the police, the judge wrote.

While repeatedly driving over the bikes, Mcrae spun the machine around, striking Myiot with the bucket and knocking her unconscious, the court heard.

"He knew that a Bobcat could seriously harm or kill people who were near it when being operated," the judge wrote in his May decision finding Mcrae guilty of the charges. "He did not care, and took a risk."

'One bad hour'

Mcrae testified at the trial that he had multiple experiences with people "trespassing and loitering" on his property, including instances earlier that summer. The judge concluded Mcrae's criminal behaviour was motivated by "bias, prejudice and assumptions" towards those the offender characterized as "street people."

Despite those prejudices, the judge lauded Mcrae's contributions to the community during sentencing.

"He has otherwise led a life dedicated to his family, his community, and his work," the judge wrote. "He has done much more than most to help vulnerable people, and make Vernon a better place. One could fairly say it is very surprising he came before the court."

The decision also noted that Mcrae, in his late 60s, is a first-time offender.

"Many might ask why someone who has done a great deal of good their entire life, should be at risk of going to jail for having one bad hour," the judge added.

"It is important to remember that the criminal process cannot put people back in the same position as they were before the crime was committed. I have no doubt that everyone wishes that could happen."

Crown prosecutors had sought a jail term of six to nine months followed by 12 months of probation, while Mcrae's defence lawyer asked the court for either a conditional discharge – absolving him of the convictions – or a short conditional sentence to be served in the community.

With files from CTV News Vancouver's Alyse Kotyk