A typically quiet supportive housing shelter became the location of an altercation that nearly claimed a Kelowna RCMP officer's life, according to a witness who took the stand in a B.C. Supreme Courtroom on Sept. 17.
The identity of the witness who knew Richard McCrae – the man charged with attempted murder, disarming a peace officer, wilfully resisting or obstructing a peace officer, wounding, maiming disfiguring or endangering a person – is protected under a publication ban and will be referred to as John Doe.
McCrae, wearing a red prison tracksuit, sat quietly in the prisoner's box at the back of the courtroom on the second day of his trial.
"When Richard is on the right meds, he's a pretty decent guy," said Doe. "He keeps to himself."
Doe said he and McCrae were acquaintances and both lived at the shelter on Ellis Street. He said in prior interactions, he always found McCrae, who is large in stature, to be a "gentle giant," who struggled with mental illness and often spoke to himself.
Doe referenced schizophrenia and psychosis in his testimony when speaking about McCrea's actions and behaviour, the court has not been told that McCrae has been diagnosed with schizophrenia.
On March 27, 2022, Const. Jason Tymofichuk was called to a "disturbance" at a supportive housing shelter on Ellis Street after McCrae allegedly disagreed and failed to comply with instructions from the site's staff. Tymofichuk would also take the stand on Sept. 17.
Upon arrival, Tymofichuk spoke with staff and called for backup.
McCrae, then, allegedly, and without provocation, attacked Tymofichuk, who reportedly fell to the ground. While on top of the officer, McCrae used a knife to cut the constable above the eye, creating a bloody scene.
The court heard how the pair apparently grappled on the ground with McCrae trying to deliver additional cuts and Tymofichuk attempting to escape. At one point Tymofichuk's gun discharged but no one was shot.
Then, Doe intervened.
Following Doe's testimony, Justice Steven Wilson thanked him for his compliance in the trial and for his quick action. Justice Wilson said he agreed with Doe's perspective that without intervention, the incident may have become fatal.
Doe was tearful during parts of his testimony, particularly when detailing the bloody and rapidly escalating situation he witnessed. He said he feared for Tymofichuk's life when he saw the large but usually peaceful McCrae allegedly restraining and stabbing Tymofichuk.
"I called his name and waved my arms in front of [McCrae's] face," said Doe. "I said Richard, Richard, what are you doing? Just let him go."
The interruption caused McCrae to pause briefly, affording Tymofichuk the ability to get away.
"If I wouldn't have stepped in, [Tymofichuk] would be dead right now," said Doe.
When asked how he knew what to do to get McCrae to stop, Doe said he has dealt with people who are experiencing psychosis or have schizophrenia and knows that saying the person's name can help momentarily "change the course of their thoughts."
Once on his feet, Tymofichuk called for backup and prepared to use force on McCrae.
Doe said that at this point, McCrae had begun to self-harm and was using the knife on himself. Tymofichuk discharged his taser in an effort to stop McCrae.
Additional officers then arrived on the scene as Tymofichuk's vision was beginning to cloud and McCrae was arrested.
Tymofichuk was taken to the Kelowna General Hospital where he was treated for a 48-inch long and deep cut to his face, just above his eye, an orbital wall "blowout" fracture, and a laceration to his neck, said a physician who took the stand as a witness.
Most importantly, due to the "deep penetrating and blunt force trauma," the pressure in Tymofichuk's eye was building to dangerous levels, the doctor told the court.
Tymofichuk underwent an emergent procedure to prevent permanent damage and vision loss called a lateral canthotomy. In the procedure, a ligament holding the eye is cut to relieve pressure on the optic nerve.
The deep cut above his eye, which traced the roof of his eye socket, was repaired with two layers of sutures.
Tymofichuk has subsequently been treated by multiple specialists.
McCrae was also taken to the hospital where he received treatment for self-inflicted neck wounds.
The criminal trial is scheduled to continue for eight more days in Kelowna court.
