Photo: File photo

An illegal camper at a Vernon-area provincial park was recently found not guilty of uttering threats, but was found guilty of obstruction of a peace officer.

The drama took place at Ellison Provincial Park when Kevin Germain Weidlich was found to be camping in an unauthorized area.

Weidlich was accused of uttering threats to park employee Chris Poettcker, who had located him in an out-of-bounds area of the park on Aug. 20, 2024.

In his recent decision, Justice David Patterson outlined the events of the incident.

“For months, there had been rumours running through the employees of Ellison Provincial Park that somebody was unlawfully residing in the park by way of camping. The rumour caused some concern to Mr. Poettcker,” Patterson wrote. “His duties at Ellison Provincial Park include ... ensuring that individuals camping in the campground reside in one of the authorized campsites. Mr. Poettcker was part of patrols looking for unauthorized camping.”

While searching for the unauthorized camper, Poettcker came across a campsite that was not part of the designated camping area.

When Poettcker called out to Weidlich he received no response. Eventually, Weidlich acknowledged Poettcker and an exchange of words followed.

“Mr. Weidlich got very agitated and started screaming at Mr. Poettcker, 'I was camping. I was camping,' to which Mr. Poettcker said, 'Well, you can't camp here, you know,' to which Mr. Weidlich said, 'I didn't see any signs. 'There's a sign down there, a blue camping sign.' Mr. Poettcker replied, 'Yeah, for the campground. That doesn't mean you can camp anywhere you want. It's not how it works, bud,'" Patterson wrote in his decision.

“Mr. Weidlich apparently was very upset at being interrupted by Mr. Poettcker. Patterson said Poettcker felt threatened and contacted his boss to call police.

“Mr. Poettcker admitted he was 'not particularly kind' to Mr. Weidlich. While Mr. Weidlich was screaming at him, Mr. Poettcker screamed back at Mr. Weidlich, which, in hindsight, Mr. Poettcker admitted, 'Probably not the best idea, but it is what it is.' As Mr. Weidlich got more agitated with Mr. Poettcker, he came towards Mr. Poettcker, and, at one point, his face was just a couple of inches from Mr. Poettcker's face as he screamed at Mr. Poettcker,” Patterson continued.

Police attended that day, but did not locate Weidlich.

However, the next day Weidlich was spotted walking from Ellison Park towards Vernon. Patterson wrote that RCMP were authorized to arrest Weidlich for shoplifting concerning an unrelated incident.

Weidlich was arrested for theft under $5,000 and for uttering threats. Police said Weidlich did not utter a word during the arrest.

Weidlich also did not “utter a word” while at the police station being fingerprinted and processed by attending officers.

Despite police asking several questions, including what his name was, Weidlich remained silent. Fingerprints were matched to Weidlich.

During the trial, Weidlich represented himself and Patterson noted that he “has not spoken during the entire trial. He did not give evidence. He did not cross-examine either of the two prosecution witnesses, and he did not make closing submissions.”

Because he refused to speak with police, Weidlich was charged with obstruction, for which Patterson found him guilty.

“In deciding not to identify himself, Mr. Weidlich knew he was dealing with a police officer. His decision not to speak, including his failure to identify himself when asked, was an intentional act and obstructive conduct. Upon being arrested, Mr. Weidlich had a legal duty to respond to questions about his name, that is, to identify himself. Undoubtedly, he decided by way of an intentional act not to speak,” Patterson wrote.

Patterson found Weidlich not guilty of uttering threats.