FILE PHOTO.

(BEN BULMER / iNFOnews.ca)

Landscaper William John Mcrae was told by Vernon bylaw officers to call 911 when he rang them to report two homeless people sitting in the shade at the front of his large Okanagan Landing Road property.

However, he didn't, and instead used his skid-steer Bobcat to intimate the couple, hitting a 33-year-old woman with it as he ran over their bicycles and destroyed their belongings.

After Mcrae, then in his late 60s, assaulted the woman with his bobcat and destroyed the couple's bicycles, he fled to the Chevron gas station across the street to avoid the police and hid in a storage cupboard.

Today, Aug. 19, BC Provincial Court Judge Jeremy Guild said Mcrae's actions were "vindictive" and done out of "bias, prejudice and assumptions."

The incident dates back to a hot day in August 2023 when the unhoused couple were riding their bicycles and carrying all their belongings to Vernon's Kin Beach.

The bike path they were riding on passed Mcrae's $1.3 million home and the couple stopped, the woman suffering from heat stroke.

Mcrae asked them to leave, but the couple thought they were on public property, and thought they were doing nothing wrong. They did started moving but not quickly enough for Mcrae so he turned on his sprinklers to get rid of them.

He then got in his Bobcat after putting on the largest bucket he had and drove towards them.

"Mcrae banged the large metal bucket on the ground and then drove and scooped up their packs and bicycles," Judge Guild said. "Mr. Mcrae pushed the couple's worldly possessions over 100 feet on (to) the asphalt path."

The couple yelled and shouted at Mcrae to stop, and another passerby also tried to intervene.

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He also hit the woman with the Bobcat.

"She was injured when she fell to the ground. She was knocked unconscious, suffered pain in her neck, back, head, and left leg, and had bruises on her head, leg, and shoulder," the judge said.

After the situation died down, Mcrae "stopped and watched the damage and chaos he had caused."
 
Mcrae was ultimately convicted of assault with a weapon, and dangerous driving.

Judge Guild said it was immaterial whether the couple were sitting on his lawn or public property and that much of the incident and offences had taken place on the public multiuse path and not his property.

His actions put others using the path at risk, the judge said, pointing out the Bobcat could have caused serious injuries or death.

"Mr. Mcrae operated the bobcat intending to endanger those near him," the judge said.

The court heard how the homeless couple had planned to leave Vernon that day and wanted to get away from the drug culture.

They both bought new bicycles for $500 each, which Mcrae destroyed.

The judge said Mcrae could also have been charged with theft, damaging property, mischief, and fleeing the scene after an accident.

For his actions, Crown prosecutors wanted him to spend six to nine months behind bars.

Defence lawyer Laura McPheeters argued for a conditional discharge – whereby he wouldn't have a criminal record if he passed a probation period - or a period of house arrest was more appropriate.

The court heard how Mcrae had run a landscaping business for decades and was a positive member of society.

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Mcrae's son had once become a drug addict and been homeless. He'd helped him become sober and had since employed former addicts.

"He has done much more than most to help vulnerable people and make Vernon a better place," the judge said.

Judge Guild said it was surprising that he'd come before the courts.

"Many might ask why someone who has done a great deal of good in their entire life should be at risk of going to jail for having one bad hour," the judge said. "It is important to remember, the criminal process cannot put people back in the same position as they were before the crime was committed."

Ultimately, Judge Guild sentenced Mcrae four months of 24 hour house arrest, followed by four months under a 9 p.m. to 6 a.m. curfew. After that, he'll be placed on probation for 12 months.

He will also have to pay the victim $500 and apologize to her.

"I have no doubt you won't have any problems going forward, and I hope you continue to be such a positive person, and a positive member of Vernon," the judge said.

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