Ice, the Kelowna RCMP dog appears in this 2018 photo.

Image Credit: Submitted

A Kelowna man who tried to sue the RCMP after he was badly bitten by a police dog told a judge he had nowhere to live and had been barred from all the city's shelters shortly before being released.

"I don't want to be on the street... I want to be in housing," Fernando Anacleto Angelo Verde said to BC Provincial Court Judge Dave Ruse hours before being released, having spent almost nine months in jail.

Verde appeared virtually from custody at the Kelowna courthouse today, Sept. 9, five years after he stole an e-bike and was brought down by a police dog on the Okanagan Rail Trail.

The 43-year-old made headlines months after the event when he attempted to sue the RCMP, claiming police officers had instructed the dog to attack him. He spent a week in hospital and needed a blood transfusion after the police dog, Ice, bit his leg.

The province's police watchdog investigated and cleared the dog handler of any wrongdoing.

Verde was later charged with attacking the police dog, resisting arrest and theft. He fought the charges, arguing he was retrieving a friend's stolen bike.

However, in March, Judge Ruse found Verde had stolen the bike from outside a gas station and fled onto the Okanagan Rail Trail.

As he cycled down the trail, a police officer shouted, "stop, you're under arrest," but Verde continued and purposely crashed into the police dog.

The dog then sank his teeth into Verde's thigh.

Judge Ruse said if it wasn't for the police's actions after the bite, Verde may have bled out. He had substantial bleeding and was in critical condition, the court heard.

Verde spent several months in prison before being released on bail.

Then, in June 2023, he got into an altercation on Bernard Avenue with an individual called John MacDonald.

MacDonald had spat on the ground towards him and Verde had pulled out two large knives and put one to MacDonald's neck.

He'd ended up back behind bars.

The court heard Verde had a lengthy criminal record, which coincided with him becoming addicted to opioids. He had been married and had children, and was a roofer when he was prescribed opioids for a sciatic nerve issue.

It had spiralled into addiction, and over the next decade, Verde had been convicted for theft, break and enter, assault, weapons offences and drug trafficking. It had also left him homeless.

However, defence lawyer Michael Kennedy told the court Verde had taken steps to deal with his addiction.

"Once one reaches their 40s, they often take stock of their life and take steps to settle down. Both because they're getting older and perhaps because they're getting wiser," the lawyer said. "He has reached an age where this disruption and chaos is really wearing on him, and he believes he can turn the corner."

The lawyer said his client had read books on relapse prevention, and criminal and addictive behaviour.

"He has been diagnosed with borderline personality disorder, which has also wreaked some havoc on his affairs. When you're in chaos, you don't stay connected to the medical community or take your medication. That is all going to change," the lawyer said. "He is going to be stable, he's not going to lose housing, and he's going to be accessible for reports and whatever the court requires of him. He's not afraid of probation."

Judge Ruse commented that Verde's opioid addiction was apparent during early court appearances.

"Before the court today, he presents as a different person. He is articulate. He is present. And he shows a significantly higher level of alertness," the judge said.

Ultimately, the judge agreed on a joint submission to the court of almost nine months in jail, which Verde had already spent in pretrial custody.

While the judge asked about whether there was a plan in place for housing, outside of Verde having a phone number for BC Housing, nothing was put forward.

Regardless, Verde was then released from custody.

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