Convicted Kelowna killer had scalding water poured on him after in-custody assault: Prosecutor - InfoNews

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Convicted Kelowna killer had scalding water poured on him after in-custody assault: Prosecutor

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January 16, 2017 - 4:01 PM

KAMLOOPS - A Vernon man being held in custody in connection with a shooting in Polson Park has pleaded guilty to sucker-punching another inmate at Kamloops Regional Correctional Centre.

Jacob Daniel Lowes, 31, pleaded guilty to assault causing bodily harm after a confrontation with a convicted Kelowna killer behind bars more than one year ago.

Court heard today, Jan. 16, that Lowes was in custody on Dec. 6, 2015, when he went behind Daniel James Mader and punched him in the head.

Mader is a prolific Kelowna criminal who was convicted of manslaughter in 2010, in connection to the 2005 death of Jody Elliott. He was coerced into shooting Elliott after a drug deal gone bad.

Mader was in custody on a different matter at the time of the assault. Crown prosecutor Neil Flanagan told the court two or three surveillance cameras inside the prison captured the assault.

The footage reportedly shows Lowes approaching Mader, who had just finished cutting another inmate's hair at the time. Flanagan describes Lowes' attack as a blindside and says Lowes delivered a punch with considerable force.

"He is on the floor," Flanagan says, referring to Mader after the first punch.

But Lowes kept hitting Mader, who was essentially defenceless. Lowes' cellmate, Travis Hache, got involved in the altercation by pouring a jug of hot water on Mader.

"He poured the water on Mr. Mader's head," Flanagan said.

Hache has already pleaded guilty to one count of aggravated assault for his role. Flanagan says Mader was badly burned and will likely have permanent damage to his ear from the incident.

Although Hache and Lowes were cellmates, Flanagan says the two never discussed plans to attack Mader.

Defence lawyer Don Campbell says his client struck first, after hearing Mader was planning to assault him. He says it was preemptive self defence for Lowes to protect himself.

Campbell says Mader referred to Lowes as a "paperwork rat," after hearing Lowes had given a statement to police in a matter involving Mader's brother's friend.

Mader said he did have a conversation with Lowes about the police statement, but never meant to threaten him, Campbell says.

Lowes had heard talk around the prison that Mader was planning on assaulting him and at the time Lowes had just recovered from two broken legs and a hip injury. He was on crutches for a period of time after getting out of a wheelchair.

Supreme Court judge Ian Meiklem sentenced Lowes to 18 months in prison. He's been given credit for serving just over 17 months.

Lowes is one of three men facing trial for charges stemming from a shooting incident in Vernon's Polson Park nearly three years ago. His trial for those charges, including attempted murder, is expected to begin February 14.

He's being held in pre-trial custody on those matters.

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