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A Vernon man sentenced to nine years in jail following a shootout in Polson Park is back behind bars.

Jacob Daniel Lowes had his statutory release revoked after he overdosed on fentanyl while out in the community.

"You have proven unable to employ the skills learned in programming to remain free of substance use and function in the community without risk," a Sept. 18, Parole Board of Canada decision read. "Therefore, you have not made measurable and observable gains and this is aggravating to your risk to reoffend."

Lowes was jailed for nine years following a shootout in Polson Park in 2014. He was dealing drugs out of his Green Valley Motel room when two men came to rob him.

The robbery didn't go as planned and Lowes ended up chasing the men into Polson Park where he fired a handgun several times during morning rush hour. No one was injured and the man accused of firing at Lowes, Robin James Rochement, was acquitted in 2014.

Since Lowes has been in jail he's also been convicted of assault causing bodily harm for attacking Kelowna killer Daniel James Mader in 2017. Lowes sucker-punched Mader and his cellmate Travis Hache poured a jug of hot water on him.

In May, the 38-year-old was given statutory release to live in a community-based residential facility in an unnamed BC city but things didn't go well.

Weeks after the release he overdosed.

"Staff found you laying on the ground with your face discoloured, sweating profusely, drooling, and snoring loudly every five seconds," the decision said. "Staff observed tin foil and an empty pen barrel in your hands. Staff attempted to wake you, but you were unresponsive, so they administered two doses of Narcan."

After the overdose, Lowes was put back in jail.

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Staff later found a "green leafy substance," a hollowed-out pen with residue inside of it, various email addresses, copper wire and approximately 18 loose pills in his cell.

The Parole Board said Lowes has breached his drug condition twice and isn't fully open when asked to explain.

"These actions are reflective of an individual who is unable to regulate their own behaviour and requires constant monitoring and intervention. Your recent institutional charges further confirm that you continue to violate institution rules regardless of the consequences."

The Parole Board noted that Lowes has no release plan and the residential facility where he once was has refused to have him back.

Lowes said that after so many years in prison, it was intimidating being back in the community and he resorted to drugs as a coping mechanism.

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The Parole Board noted that there are no spaces available at in-patient treatment facilities where Lowes requested to be released to.

"You have a history of illicit drug use, violence, suspensions, and have not demonstrated a sustained ability to comply with expectations within the institution and imposed conditions and manage your risk in the community," the decision said.

Ultimately, the Parole Board refused statutory release and kept him behind bars.

The decision didn't say how much longer Lowes' sentence is for.

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