WARNING: This story contains graphic details that some readers may find upsetting.
A B.C. Supreme Court Justice ruled that a Kelowna woman accused of murder and mutilation is mentally fit to stand trial.
After spending one month in Vancouver for a mid-trial psychiatric evaluation, on Feb. 8, Gabriella Sears sat in the prisoner鈥檚 box of a Kelowna courtroom to hear Justice Carol Ross鈥� decision that the trial proceedings will resume where it left off and proceed as planned.
Sears faces charges of second-degree murder and interference with human remains after Darren Middleton 鈥� a friend and work partner 鈥� was found dead in Sears鈥� home on June 17, 2021.
READ MORE:
Sears was arrested shortly after the body of Middleton was discovered and has remained in custody since.
At the time of her arrest, Sears was publicly identified by police as a man with the name Dereck Sears. At the time of the incident, Sears had only told a few people about her gender identity, including Middleton and his wife. Sears now publically identifies as a woman and uses she/her pronouns.
On Nov. 8, after a lengthy pre-trial voir dire and 18 trial days of proceedings, Sears stood up in court and announced that she would be firing her two defense lawyers. The trial was originally scheduled to take 45 days.
READ MORE:
At the time, Justice Ross urged Sears to reconsider and granted a temporary stay of proceedings.
On Dec. 4, court reconvened and Sears was represented by a new defense lawyer. However, rather than continuing with the trial, Justice Ross ordered that Sears undergo a fitness assessment under section 672.12 of the Criminal Code to determine if she was fit to stand trial.
READ MORE:
On Feb. 7, the findings of the fitness assessment were presented to Justice Ross. After hearing evidence, Justice Ross determined that Sears is fit to stand trial and the case once again began to move forward.
鈥淚t is my hope that we just carry on as if this never happened,鈥� said Justice Ross.
The trial proceedings will likely resume in June after multiple case management conferences, in order to give Sears鈥� new lawyer time to review all of the court transcripts and evidence.
