Man who claimed partner died during sex found not guilty

Salmon Arm’s Logan Scott was found not guilty of manslaughter in the death of Armstrong’s Jillian McKinty

A Salmon Arm man accused of choking an Armstrong woman to death has been acquitted of manslaughter.

B.C. Supreme Court Justice Arne Silverman said his verdict was based on several factors that fail to conclusively prove that Logan Scott was responsible for the death of Armstrong’s Jillian McKinty by asphyxiation in November 2013.

Silverman said the absence of any evidence of a struggle was troubling to the Crown’s case, as was expert testimony by forensic pathologist Annie Sauvageau, who questioned Scott’s explanation of how consensual kinky sex between he and McKinty led to her demise.

Related: Pathologist contradicts strangulation story

Sauvageau said if someone is asphyxiated, they do not lie passively for several minutes, as Scott told police, before he discovered an article of clothing around her neck may have impaired her ability to breathe.

But while the pathologist offered her expert opinion to counter Scott’s story, she admitted in testimony she could not say with 100 per cent surety he was responsible for her death.

“I have no doubt that Dr. Sauvageau believes what she says, but the evidence is not there to back it up,” Silverman stated.

The Crown’s circumstantial evidence centred around Scott and McKinty having sex on Nov. 26, that he “cleaned the scene” after McKinty fell unconscious, that he removed and discarded her cell phone and laptop computer and subsequently lied to police in interviews about how she died.

But that was countered by the initial police investigation finding no evidence of foul play at McKinty’s home on Nov. 26, which was subsequently supported by the autopsy done two days later.

McKinty’s body was discovered by her neighbour, Jody North.

Related: Neighbour testifies in manslaughter trial

It wasn’t until McKinley’s parents realized their daughter’s cell phone was missing that police looked into her phone records and discovered her communications through direct calls and texts with Scott.

When questioned initially in January 2014, Scott said he did not visit McKinty before she died because he felt guilty about having an affair with her while involved with another woman at the time.

But multiple inconsistencies in Scott’s account of what happened that night at McKinty’s home led police to eventually file charges against him in August 2014.

Related: Salmon Arm man faces manslaughter charge

Silverman said it was troubling to him that no evidence of a struggle was found to suggest that consensual sex between Scott and McKinty was ramped up to a physical altercation that led to her death by asphyxiation.

“There should have been marks on her neck or elsewhere to indicate she was struggling to stay alive and that was not evident,” Silverman said.

“So there is reasonable doubt that her death was caused by physical assault.”

Scott was convicted on a second charge of theft under $5,000 related to the missing cell phone and laptop, which he admitted to police he threw away on a roadside.

The phone was retrieved by police but the laptop was never found.

Both Crown and the defence were to make final submissions related to the theft charge before sentencing.

Comments are closed

Just Posted

Meningococcal disease outbreak declared in Okanagan

Five cases in last six months among 15-to-19 year-olds, including one in Coldstream

Crash blocks Channel Parkway

Northbound was completely blocked, while southbound traffic was reduced to single lane

Recovery centre operator said neighbours bought property ‘in haste’

Penticton addiction recovery centre plan halted by neighbours

Attempted carjacking at Penticton mall

A 24-year-old man is in custody, while a 37-year-old woman was uninjured by the incident

Fundraising effort for man assaulted at Penticton nightclub

A GoFundMe account was created to assist the Penticton man that was assaulted

VIDEO: Average Canadian food bill to rise by $348 in 2018

Atlantic Canada and B.C. will see the most increases for consumers

Four dog deaths investigated in Cranbrook

One vet suggests a parralel to these deaths and similar ones in 2016

Province rejects Ajax mine in Kamloops

KGHM Ajax had proposed a 1,700-hectare open-pit copper and gold mine, just southwest of Kamloops

Border officers rally at B.C.’s Peace Arch

CBSA employees tire of ‘lack of respect’

FCC votes along party lines to end ‘net neutrality’

Move rolls back restrictions that keep big providers from blocking services they don’t like

Performance embodies true meaning of Christmas

Caravan Farm Theatre presents O. Henry’s The Gift of the Magi by Maristella Roca until Dec. 31

Family of Vancouver Island RCMP officer killed by drunk driver sues

Lawsuit seeks financial compensation from Kenneth Jacob Fenton

SPCA seizes 74 animals from Barriere property

Constables removed sheep, piglets, chickens and more

Victoria gets approval for supervised consumption site

It is scheduled to open in the spring/summer of 2018 and will be the first permanent facility on Vancouver Island

Most Read