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An Oliver man accused of breaking into a local pharmacy and lighting it on fire maintains he is not guilty, entering his plea ahead of trial Wednesday, at which Crown prosecutors are attempting to prove he is the man behind the crime.
Steven Marlo Gallagher, born in 1992, was arrested in 2021 after security footage allegedly identified him as the perpetrator behind an overnight arson at Oliver Pharmacy Remedy's Rx on Fairview Road.
Gallagher had allegedly broken in and lit multiple items on fire before fleeing the scene, leaving the store with extensive damage.
On Wednesday, Gallagher appeared in Penticton court for his first day of trial.
The first witness was Cpl. Paul Symons with the Oliver RCMP, who recounted his experiences early in the morning of May 15, 2021.
Symons testified Gallagher was known to local police, including himself. Symons recalled Gallagher was drinking alcohol when he arrived at his property that morning after reports of gunshots, and said Gallagher was asking questions about why police "don't like" him.
Having seen no evidence of weapons or injuries, Symons returned to the detachment.
As the early hours of the morning went on, Symons recalled there was an incident at the RCMP detachment, during which loud explosions were heard that police thought could be gunfire, later confirmed by bullet holes in police vehicles.
Symons said he saw a green vehicle that looked like one he had seen around Gallagher's property fleeing the scene. Then, police became aware that firefighters were mustering to deal with reports of a vehicle on fire downtown, around 4 a.m.
When he responded to the scene shortly after 4 a.m., Symons recalled thinking to himself, "That looks to be the same truck that just left the [detachment]."
"At that point, someone with the fire department points across the street and says 'The pharmacy's also on fire,'" Symons said.
As fire crews got to work, Symons patrolled the area. He heard a series of loud booms just like had been heard outside the detachment earlier, and noticed a vehicle driving away in the direction of Gallagher's residence.
Subsequent investigation collected video from multiple local businesses, the Osoyoos Indian Band and the RCMP detachment. Symons said those videos captured the green truck in multiple areas downtown early that morning after having departed from the area of Gallagher's residence, and heading in the direction of the detachment.
"The same truck we saw on the video, that I saw on the video, that's the truck captured on the video taking off from the police station [after the shots were fired]," Symons testified.
Surveillance video shot minutes later shows the vehicle being parked in Oliver's Triangle Park on Fairview Road, across from the pharmacy, going up in flames and a person leaving the scene in the direction of the pharmacy.
"Then they walk to the pharmacy and [break in]. The person disappears into the pharmacy, you can see a little flicker of light ... moments later, the fire begins," Symons said, describing a lengthy video that was shown in court.
Symons walked the court through additional footage capturing a suspect lighting fires in multiple places within the store before exiting out the front, where they had broken in initially.
He testified that severe smoke damage from the fire had the pharmacy shut for months, as well as impacting multiple adjacent businesses.
Police have previously alleged, and continue to do so, that Gallagher is the man captured on security footage setting fire to the pharmacy.
Defence lawyers questioned whether the surveillance footage could be positively linked to Gallagher.
Gallagher's trial for the arson will continue in the coming days. Another RCMP officer is expected to testify Thursday, providing further evidence as to why Gallagher specifically was arrested and charged.
This is not Gallagher's only pending matter before the justice system. He is also accused in a Canada Day shooting at an Osoyoos beach that left a 22-year-old Maple Ridge man with gunshot injuries in 2022.
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