This article discusses intimate partner violence, as well as suicide and may be triggering to some readers. If you or someone you know is experiencing violence or abuse contact the Kelowna Women鈥檚 Shelter 24/7 support line at 250-763-1040 or text 236-970-0704. In an emergency, call 911. If you feel like you are in crisis or are considering suicide, please call the suicide hotline at 1-800-784-2433.
A conviction of assault and uttering threats did not warrant custody for James Plover while he awaited his sentencing trial, according to a court hearing.
James Plover, who has been charged with second-degree murder of his ex-partner, Bailey Plover (n茅e McCourt), was previously in court on July 4, 2025, for a hearing regarding a 2024 assault and threats charge.
In a recording of the hearing, which was heard and reviewed by Kelowna Capital News, Plover was convicted of three counts of uttering threats and one count of assault by choking by Judge David Ruse.
The charges stemmed from a June 22, 2024 incident between Plover and the victim, whose name is protected under a publication ban.
According to an oral judgement by Ruse, Plover had choked the victim, who testified that they "felt like blacking out." Plover was also accused of verbally expressing that he was going to kill the victim.
Upon realization of the assault, Plover was mortified by what he did, and said that he was going to kill himself.
Once alone, Plover contemplated suicide and planned to open the BBQ propane tank up and sit in the bathtub to asphyxiate himself. Once he realized the tank had a safety valve, Plover abandoned his plan and took a machete to destroy things of emotional value that the victim had. He then broke the dining room table and threw couches. Plover then phoned his parents, where he expressed suicidal ideations.
Plover denied the assault and denied making threats to kill the victim. He expressed that he put his hands on the victim because of self-defence.
However, Ruse did not accept Plover's evidence.
"I do not agree that he did not put his hands on the victim's throat," said Ruse, who added that the acts of destruction of the victim's property were consistent with anger directed at the victim.
With regards to the victim, some of the statements provided to the court were seen as incomplete or exaggerated, such as saying that 30 police cars showed up after the incident, when there "were a dozen or so," said Ruse.
However, the majority of the victim's evidence was accepted and corroborated.
Ruse concluded "beyond a reasonable doubt that Plover intentionally put his hands around the victim's throat with force," and that Plover was "beyond a reasonable doubt guilty with respect to counts 1-3" of uttering threats that were "consistent with an intention to manipulate or control the complainant.鈥�
After the reading of the verdict, there was no mention by Ruse, Crown counsel Catherine Rezansoff, or defence lawyer Cory Armour of additional protective orders or of Plover being remanded into custody.
The protective orders that Plover had been under are subject to a , which prohibits any information about the bail hearing from being publicized.
In correspondence with the B.C. Prosecution Service, Plover had been released on a release order on June 23, 2024, under "extensive" protective conditions and a $500 cash deposit. He had been under those conditions and out of custody since June 23, 2024.
Under the Canadian Criminal Code, a "justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with."
Weeks after his release, on July 11, 2024, an application to vary bail hearing was made, with regard to Plover's bail conditions. The result of the hearing was an adjournment by the defence. Any additional information regarding the hearing is subject to a 517 publication ban.
Armour and Rezansoff agreed that there would be some benefit to a psychiatric assessment of Plover, with Rezansoff acknowledging that an assessment would take "some time."
Armour said that there would be "no issue" regarding the delay of up to 10 weeks, because his client has been convicted.
"I don't mind going 10 weeks if that is going to give us what we need," he said.
Ruse agreed, and a date of Sept. 16 was set for a pre-sentencing hearing.
That pre-sentencing hearing will not happen, as Plover is now in custody and awaiting trial for second-degree murder.
