Judge admits Sagmoen statements as evidence in trial

The recorded statement Curtis Sagmoen provided to RCMP after his arrest will be admitted in his trial after a ruling from B.C. Supreme Court Justice Alison Beames.

Monday’s ruling came after court heard arguments from both Crown and defence during a voir-dire hearing last week.

The defence questioned whether Sagmoen delivered the statement voluntarily and whether the officer taking the statement used certain topics, specifically Sagmoen’s family, as a manipulation.

At one point during the interview, Sagmoen attempted to throw a chair across the room after learning police searched his parents’ home.

Beames said while Sagmoen was agitated discussing his family, he was “nearly as agitated” when discussing his phone, loss of employment, and other commentary on his drug use or appearance.

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“I do not accept that statements made about Mr. Sagmoen’s mother being out of the house while the search warrant was executed or computers in the house being seized amounted to manipulation threats or inducements,” she said.

“I have concluded that he had an operating mind clearly choosing when and how to answer the questions he was asked.”

The defence also questioned Sagmoen’s proper access to counsel and if there was an adequate secondary warning given by police about Sagmoen’s right to silence.

Justice Beames ultimately ruled there was reasonable access to counsel given the circumstances, and said a secondary warning was provided to Sagmoen during his arrest.

Sagmoen is scheduled to return to court Oct. 15 at 9 a.m for a pre-trial conference.

The 38-year-old faces five charges connected to an incident with a sex trade worker near Falkland in 2017.

The charges are disguising face with intent to commit offence, intentionally discharging a firearm, use of firearm committing indictable offence, uttering threats, and possession of controlled substance.