The trial of Curtis Sagmoen heard the final submissions from defence and Crown on Wednesday, Dec. 18, 2019 at the Vernon Law Courts. (Caitlin Clow - Morning Star)

The trial of Curtis Sagmoen heard the final submissions from defence and Crown on Wednesday, Dec. 18, 2019 at the Vernon Law Courts. (Caitlin Clow - Morning Star)

Sagmoen trial awaits judge’s decision

Crown’s case hinges on circumstantial evidence regarding Sagmoen’s identity

The trial of Curtis Sagmoen is nearing its conclusion as Crown and defence made their final submissions in BC Supreme Court on Wednesday.

Sagmoen is accused of having threatened a sex trade worker with a firearm while wearing a mask at his family’s Salmon River Road property in August 2017. On Tuesday, the court heard from the alleged victim and complainant in the trial, who recounted the incident before the court.

The complainant, whose identity is protected by a publication ban, described a night that saw her drive to Salmon River Road to meet with a person who had responded to an ad for her escort service by text. After a series of events that have been discussed in minute detail in previous trial hearings, she ultimately ended up running barefoot in fear for her life after being approached by a man with a shotgun and a concealed face.

Defence lawyer Lisa Helps had no intention of denying that it was her client who texted the complainant asking her to meet him on Salmon River Road for a “playdate” in August 2017.

“I’m not going to be arguing that there’s no link between Curtis Sagmoen and the person texting the complainant. In fact, I think that that has been well established.”

Instead, her focus was on whether Sagmoen was, beyond reasonable doubt, the masked assailant. She argued that complaints of theft from neighbours around the time of the offence indicated there was more suspicious activity in the area than the Crown was conceding.

Crown attorney Simone McCallum was direct in arguing there could be no other reasonable inference than that Sagmoen — a man with a documented history of having contact with sex workers, who was familiar with the property and had experience with firearms — was the assailant.

McCallum reminded the court of the complainant’s description of her assailant, who she said emerged from the bushes as she pulled up to a closed gate at the property.

“That has all the hallmarks of somebody who is expecting their target to arrive,” she said.

“The rational inference here, as I said at the beginning, is that (the complainant’s) assailant is her customer. And her customer was Mr. Sagmoen.”

McCallum conceded that the complainant’s testimony did not provide much in the way of identifying Sagmoen. The incident had taken place around 11:30 p.m., and the complainant said she had been unable to see much of anything in the dark.

With no smoking gun in terms of a clear identification of Sagmoen at the scene, the Crown’s case will hinge on circumstantial evidence.

“The Crown must point the court to other circumstantial indications of identity,” McCallum said.

Justice Alison Beames will make her decision and state her reasons on Friday, Dec. 20, at 10 a.m.

READ MORE: Threats charge dropped in Curtis Sagmoen trial

READ MORE: Man gets 15 months in jail for B.C. toddler’s snake-venom death


Brendan Shykora
Reporter, Vernon Morning Star
Email me at Brendan.Shykora@vernonmorningstar.com
Follow us: Facebook | Twitter

Just Posted

Jaimee Peters photo of a Willow Midwives helping with a birth. Willow closed its doors March 31 because of a shortage of midwives. (Contributed)
South Okanagan’s only midwifery to re-open this summer

Willow Community Midwives was forced to close because of a shortage of midwives

Gord Portman getting ready for the Father’s Day dunk tank fundraiser for Discovery House. So far Portman has raised $3,000. (Facebook)
Portman takes plunge for Penticton recovery house that helped save his life

Gord Portman said Discovery House and Pathways have been everything in his 1 year sobriety

(File photo)
Supreme Court Justice rules Bay has to pay Penticton’s Cherry Lane mall

The ruling found that there had been no unavoidable delay preventing the Bay from paying their rent

Summerland cidery Millionaires' Row is hosting a Father's Day car and art show. (Facebook)
Vintage cars, art and cider for Father’s Day

Summerland’s Millionaires’ Row Cider Co. is hosting the car and art show

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?

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

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

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 Eli Beauregard 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

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

A aerial view shows the debris going into Quesnel Lake caused by a tailings pond breach near the town of Likely, B.C., Tuesday, Aug. 5, 2014. THE CANADIAN PRESS/Jonathan Hayward
Updated tailings code after Mount Polley an improvement: B.C. mines auditor

British Columbia’s chief auditor of mines has found changes to the province’s requirements for tailings storage facilities

Most Read