When undercover FBI agents seized an encrypted BlackBerry from Vancouver company Phantom Secure last June, they decided to message one of the contacts on the device.

The mysterious figure — “a known drug trafficker located in Canada” — was identified only as The Goat.

Agents learned details of a clandestine drug shipment planned from B.C. to Washington State, according to U.S. court documents laying out charges against Phantom Secure’s Vancouver-based owner Vincent Ramos.

“This operation ultimately led to the arrest of Saysana Luangkhamdeng as he attempted to smuggle MDMA into the United States,” the documents said.

Ramos, 40, was arrested last week on charges of racketeering and drug trafficking for allegedly aiding international organized crime groups, including the deadly Mexican Sinaloa cartel. He is expected to go to trial in San Diego.

Records from Luangkhamdeng’s Seattle prosecution lay out more details of what happened when he crossed the border into Blaine on June 10, 2017, about 11:30 a.m. 

The Langley man, who is 41, was driving a 2009 Hyundai Santa Fe and wearing a Blue Jays jersey. He told a border guard that he and his passenger, another Canadian identified only as C.M. in the documents, were off to watch the Mariners play the Jays that afternoon at Safeco Field.

“According to the primary inspection officer, Luangkhamdeng appeared nervous and evasive during primary questioning,” U.S. Homeland Security Special Agent Nathan Hickman said in the original criminal complaint.

He said that Luangkhamdeng’s vehicle was similar to others that border guards had “found to have a secret compartment near the rear cargo area, so he was sent for secondary inspection.”

Related

• Vancouver man laundered 'tens of millions' of crime cash, U.S. alleges

During that search, Luangkhamdeng “had his head bowed and his hands around his head.”

He appeared “significantly stressed.”

U.S. Customs and Border Protection agents found a secret compartment — commonly called a “trap” — near the rear cargo area.

“I know that these secret compartments are used regularly by drug trafficking organizations to smuggle illicit narcotics … into and out of the United States. The compartments are often wired with an electronic locking mechanism, and a complex sequence of buttons must usually be pushed in order to open the compartment,” Hickman said.

“Though quality can vary, these compartments are often sophisticated and (traffickers) pay the manufacturers of these compartments as much as $50,000 to build and install them. It is not unusual for such aftermarket compartments to have the capacity to secret 30 or more kilograms of illicit narcotics.”

In the Santa Fe, agents found a key with an aftermarket fob on it and tried to use it to open the compartment. It didn’t work.

So one of the officers “drilled a small hole in the underside of the vehicle to determine if there was anything secreted inside the compartment,” Hickman said.

“After drilling into the interior of the compartment, a white powdery substance could be seen on the end of the drill bit as it was removed from the compartment.”

The powder was field tested and determined to be MDMA, or “moon rock.”

The agents removed the compartment and found a total of 24.2 kilograms of MDMA, estimated to be worth about $360,000 US.

Hickman said the powder can be purchased in Canada for about $9,000 per kilogram, then sold south of the border for as much as $15,000 US. The transporters get paid about $1,000 to $2,000 per kilogram for their work.

“I also know that MDMA smuggled from Canada is often traded for cocaine, which is then smuggled back into Canada,” the special agent said. “Typically, the trade is two kilograms of MDMA for one kilogram of cocaine.”

While Luangkhamdeng initially asked the agents who arrested him for a lawyer, after three months in U.S. detention, he pleaded guilty last October to smuggling.

He is to be sentenced on May 4 and faces up to 20 years in prison and a $1-million fine.

Kbolan@postmedia.com

Blog: vancouversun.com/tag/real-scoop

Twitter.com/kbolan

When I was reading through the U.S. court documents about the arrest of Phantom Secure owner Vincent Ramos, I noticed a mention of an arrest of another Metro Vancouver man last June.

That man, Saysana Luangphamdeng came after FBI agents seized a Phantom Secure phone south of the border and made contact with someone listed in the phone as “The Goat.”

There weren’t many details about Luangphamdeng’s case, so I started doing some additional research and found that he has already pleaded guilty and is slated to be sentenced in May. Just like Ramos, he appears to have no prior charges or convictions in B.C.

PLEASE NOTE: I am away as of Tuesday morning so am closing comments for a few days.

Here’s my story:

Three members of the notorious Greeks gang from Vernon have lost their appeals of their November 2012 murder convictions.

The B.C. Court of Appeal announced in a brief online statement that the appeals of gang leader Peter Manolakos and his associates Leslie Podolski and Sheldon Richard O’Donnell had all been dismissed.

The judges’ reasons for their decision were not released because they have not yet had time to edit out information about Crown witnesses who were subject to sweeping publication bans.

“This is a statement that will be posted on the court’s website concerning these appeals until it is replaced with redacted reasons for judgment,” the court’s public statement said. “The publication ban means that the full reasons for judgment must be sealed and only a redacted version complying with the ban may be released to the public.”

The statement said Crown prosecutors and defence lawyers in the case were provided with unedited reasons for judgement on Wednesday.

“There shall be a brief administrative hearing with counsel and a judge of the division to canvass the redactions required to allow for public release of reasons for judgment that comply with the terms of the publication ban,” the statement said.

Manolakos, Podolski and O’Donnell are three of five men convicted by a jury of various counts in the murders of David Marnuik, Thomas Bryce, and Ronald Thom in the Vernon area between July 2004 and May 2005.

Marnuik, who delivered drugs for the Greeks, was beaten to death with a baseball bat, a hammer and a blowtorch because he had taken off with some cash and the gang’s cellphone in the middle of a shift in the summer of 2004.

Bryce was a rival drug trafficker fighting the Greeks for turf when he was beaten with a wooden bat, then stomped, at a popular beach near Vernon in November 2004. He died 17 days later in hospital.

Thom was shot to death on May 31, 2005, because Manolakos mistakenly believed Thom had provided police with information about the Greeks’ criminal activity.

Manolakos was convicted of the first-degree murder of Thom as well as manslaughter in Marnuik’s death. O’Donnell was convicted of first-degree murder in the Thom slaying and second-degree murder in the deaths of Marnuik and Bryce. Podolski was found guilty of the first-degree murder of Marnuik.

All three are serving life sentences.

They appealed their convictions on 16 grounds, all of which were dismissed.

The appeal was heard at the Vancouver Law Courts last June before Justices Mary Saunders, Daphne Smith and Lauri Ann Fenlon.

The men were found to be part of a notorious drug trafficking gang operating in the North Okanagan called the Greeks, headed by Manolakos, who is of Greek heritage.

Manolakos provided gold rings and vests to his members, who also had tattoos of the word “ema” — which means “blood” in Greek — as well as the omega symbol. 

Jurors at the trial also heard the Greeks had different ranks within the organization, including “runners” like Marnuik who worked the drug lines at the street level, “bankers” who would supply drugs to the runners and collect the profits, and “enforcers” who would mete out punishment to those who broke the gang’s rules. 

kbolan@postmedia.com

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The founder of a Vancouver encryption company alleged to have supplied untraceable BlackBerry devices to criminals around the world has been denied bail in southern California.

Vincent Ramos had argued at a detention hearing in San Diego last week that he was not a flight risk despite facing racketeering and trafficking charges that could land him in jail for life if convicted.

U.S. District Court Magistrate Barbara Lynn Major denied Ramos’ application to be released on a $500,000 US bond pending his trial.

Ramos founded Phantom Secure Communications in Vancouver in 2008. The company has since branched out to the U.S., Australia, Dubai, Panama, Hong Kong and Thailand. 

The U.S. government alleges Ramos and his company “knowingly and intentionally conspired with criminal organizations by providing them with the technological tools to evade law enforcement and obstruct justice.”

When Ramos was arrested last month, U.S. authorities said the charges were the first of their kind against a company and its principals for aiding international crime groups through technology.

U.S. court records allege Phantom sold up to 20,000 BlackBerry and other devices to crime groups, including the notorious Sinaloa cartel in Mexico.

But family and friends of Ramos paint a very different picture of the 40 year old in reference letters filed in support of his bail application.

They describe him as a doting father of four, a hard-working businessman, and flag football coach.

His sister-in-law Shellaine Vicera said: “Vince, as we call him, is one of the most generous, helpful, kind-spirited individuals I have ever met in my life.”

“I am so lucky to have a brother-in-law who is understanding and is always willing to give a helping hand. He is truly a family man, is loving, caring and is always supportive of his family and children in anything they wish to do,” she said.

His Vancouver accountant Ash Katey said he had done the taxes for Ramos and Phantom Secure for 10 years.

“I found him to be an earnest, well-mannered young businessman, prepared to work hard to make his business grow and willing to learn new things involved in the growth of his business,” Katey said. “He did not want to take any shortcuts to gain any extra advantage out of a tax situation.”

Patricia Mendoza said in her letter of support that “the nature of the offences is very surprising and shocking as I have always known Victor to be intelligent, personable, hard-working.”

Ramos’ lawyer Michael Pancer said in court documents filed for the bail hearing that Ramos’ wife was willing to put their Richmond house up as collateral for a $500,000 US bond to secure his release.

And Pancer said Ramos was prepared to lease an apartment in San Diego and wear a GPS monitor.

“It is important to note that Mr. Ramos has no prior criminal record. He finds himself in trouble with the law for the very first time. Those who know Mr. Ramos best have expressed shock at hearing of his arrest,” Pancer said.

“While Mr. Ramos would concede the nature of the allegations are serious, as in any federal offence, Mr. Ramos is not charged with any crimes of violence, any crimes involving weapons, or any crimes involving threats of injuries.”

He said Ramos is “an educated man with familial and employment stability and a history of respect for the law.”

Ramos was born in Winnipeg in 1977 and moved with his family to Richmond at age four. He attended Kwantlen for two years and studied business before embarking on a career selling Amway products, Pancer said. He then worked for Rogers Cellular before deciding to go into business for himself.

“In 2008, he purchased his own servers and hired a tech person to install them. Mr. Ramos purchased licenses that were commercially available and already in use in the industry. He created no encryption programs, but used only those already on the market,” Pancer said. “We understand the security devices were like ones being used by our own government on BlackBerrys they purchase.”

Ramos has pleaded not guilty to the charges.

He will be back in court May 7 to set a date for his trial.

Kbolan@postmedia.com

Blog: vancouversun.com/tag/real-scoop

Twitter.com/kbolan

I wrote a few stories about Richmond’s Vincent Ramos before being off for three weeks helping an ailing relative.

So I thought I would check on the status of his case on my first day back today.

Ramos was in court in San Diego last week trying to get bail. Family and friends wrote reference letters saying he is a great dad, a flag football coach and a hard-working businessman.

But U.S. authorities allege he built a global network with the sole purpose of aiding international crime groups including the Sinaloa cartel.

He was denied bail. 

Four others linked to his company, including Canadians Younes Nasri, Michael Gamboa and Christopher Poquiz, are also charged and remain fugitives.

Here’s my latest story:

 

The founder of a Vancouver encryption company alleged to have supplied untraceable BlackBerry devices to criminals around the world has been denied bail in southern California.

Vincent Ramos had argued at a detention hearing in San Diego last week that he was not a flight risk despite facing racketeering and trafficking charges that could land him in jail for life if convicted.

U.S. District Court Magistrate Barbara Lynn Major denied Ramos’ application to be released on a $500,000 US bond pending his trial.

Ramos founded Phantom Secure Communications in Vancouver in 2008. The company has since branched out to the U.S., Australia, Dubai, Panama, Hong Kong and Thailand. 

The U.S. government alleges Ramos and his company “knowingly and intentionally conspired with criminal organizations by providing them with the technological tools to evade law enforcement and obstruct justice.”

When Ramos was arrested last month, U.S. authorities said the charges were the first of their kind against a company and its principals for aiding international crime groups through technology.

U.S. court records allege Phantom sold up to 20,000 BlackBerry and other devices to crime groups, including the notorious Sinaloa cartel in Mexico.

But family and friends of Ramos paint a very different picture of the 40 year old in reference letters filed in support of his bail application.

They describe him as a doting father of four, a hard-working businessman, and flag football coach.

His sister-in-law Shellaine Vicera said: “Vince, as we call him, is one of the most generous, helpful, kind-spirited individuals I have ever met in my life.”

“I am so lucky to have a brother-in-law who is understanding and is always willing to give a helping hand. He is truly a family man, is loving, caring and is always supportive of his family and children in anything they wish to do,” she said.

His Vancouver accountant Ash Katey said he had done the taxes for Ramos and Phantom Secure for 10 years.

“I found him to be an earnest, well-mannered young businessman, prepared to work hard to make his business grow and willing to learn new things involved in the growth of his business,” Katey said. “He did not want to take any shortcuts to gain any extra advantage out of a tax situation.”

Patricia Mendoza said in her letter of support that “the nature of the offences is very surprising and shocking as I have always known Victor to be intelligent, personable, hard-working.”

Ramos’ lawyer Michael Pancer said in court documents filed for the bail hearing that Ramos’ wife was willing to put their Richmond house up as collateral for a $500,000 US bond to secure his release.

And Pancer said Ramos was prepared to lease an apartment in San Diego and wear a GPS monitor.

“It is important to note that Mr. Ramos has no prior criminal record. He finds himself in trouble with the law for the very first time. Those who know Mr. Ramos best have expressed shock at hearing of his arrest,” Pancer said.

“While Mr. Ramos would concede the nature of the allegations are serious, as in any federal offence, Mr. Ramos is not charged with any crimes of violence, any crimes involving weapons, or any crimes involving threats of injuries.”

He said Ramos is “an educated man with familial and employment stability and a history of respect for the law.”

Ramos was born in Winnipeg in 1977 and moved with his family to Richmond at age four. He attended Kwantlen for two years and studied business before embarking on a career selling Amway products, Pancer said. He then worked for Rogers Cellular before deciding to go into business for himself.

“In 2008, he purchased his own servers and hired a tech person to install them. Mr. Ramos purchased licenses that were commercially available and already in use in the industry. He created no encryption programs, but used only those already on the market,” Pancer said. “We understand the security devices were like ones being used by our own government on BlackBerrys they purchase.”

Ramos has pleaded not guilty to the charges.

He will be back in court May 7 to set a date for his trial.

Kbolan@postmedia.com

Blog: vancouversun.com/tag/real-scoop

Twitter.com/kbolan

A young Surrey man has been sentenced to two years in jail after being caught with a stash of fentanyl-laced pills that a judge said amounted to “over 1,000 potential death sentences.”

B.C. Supreme Court Justice Nigel Kent said that Jasondeep Johal was more than a street-level dealer given the volume of the deadly drugs he possessed when arrested in 2015.

And he said that Johal, 26, needed a substantial jail sentence for his conviction last November on three counts of possession for the purpose of trafficking.

“The principles of denunciation and deterrence of drug dealing in fentanyl demand a substantial jail sentence. Such incarceration would also acknowledge the harm done to the victims of the fentanyl crisis and to the community at large,” Kent said.

“The evidence in this case is sufficient to establish beyond a reasonable doubt that Mr. Johal was trafficking illegal drugs at a distributor level and not just as a street-level retailer,” Kent said. “The fact that the pills were counterfeit Oxycodone meant that Mr. Johal had access to a drug‑trafficking network capable of producing large amounts of such product.”

Johal was in a Jeep Cherokee when he was stopped by Richmond RCMP about 1:15 a.m. on Aug. 12, 2015. Police smelled “vegetative marijuana” and searched the vehicle.

Inside they found “a plastic bag containing 1,090 green-coloured pills, and stamped on one side with `80’ and `CDN’ on the other.”

“Later testing of the pills confirmed that each contained heroin, fentanyl and a derivative of fentanyl, all of which are controlled substances,” Kent said.

The Crown in the case sought a sentence of five years, while Johal’s lawyer asked for a term of just nine months.

Kent noted that Johal was a “youthful first-time offender” without any prior criminal record.

“He has a wide circle of family and friends who are supportive of him and who will assist him with obtaining employment and staying on the right path in the future,” the judge said.

But he also said that Johal supporters who wrote reference letters didn’t explain how “a person of supposedly good character, became involved in the drug trade or why he was trafficking 1,090 pills containing fentanyl, a pernicious substance that has caused widespread death and misery in British Columbia for several years.”

Some of the letter writers have criminal records, Kent noted, and others “have been in the company of known gang associates or persons suspected in illegal drug transactions” according to police.

While Johal himself addressed the court, he “provided no explanation how he became involved in the drug trade, or what the extent of that involvement might have been,” Kent said.

“There is no evidence that he was himself a drug addict or that he was dealing drugs to support his own habit. While he purported to apologize, he did not actually admit to any criminal conduct let alone acknowledge the harm he may have caused to the community.”

He said that even though Johal claimed to be a changed man, “nothing in his demeanour, or tone and content of expression conveyed sincere remorse.”

Kent said that the normal sentencing range for a street-level fentanyl trafficker is now 18 months to three years in jail.

Kent also imposed a period of two years probation on Johal, as well as a DNA order and a 10-year firearms ban.

Read the ruling here:  

kbolan@postmedia.com

vancouversun.com/tag/real-scoop

twitter.com/kbolan

A Surrey man with no prior record has been sentenced to two years for trafficking fentanyl. That is in the middle of the range that the B.C. Court of Appeal established last year for street-level dealers in the deadly drug. Some have gotten off easier – Ajay Joon got probation and no jail time.    

And Walter McCormick got a 14-year-sentence in January 2017 for a much larger quantity of fentanyl.  

Here’s my story on the latest sentencing:

EVERETT, WASHINGTON — For more than 30 years, the families of Tanya Van Cuylenborg and Jay Cook have waited for answers in their unsolved murders.

The young Victoria-area couple was visiting Washington State in November 1987 when they were found slain in two separate locations.

Today, the Snohomish County Sheriff’s office plans to release new information about a suspect in the brutal killings of Van Cuylenborg, 18, and Cook, 20.

Relatives of the young victims will be on hand for the news conference in Everett, north of Seattle.

The new suspect information comes from DNA technology called Snapshot DNA phenotyping.

Two years after the terrible crime, investigators provided details of the case to a Province reporter.

The Oak Bay Secondary grads left their Victoria homes on Nov. 18, 1987, for a trip to Seattle. They were driving a brown 1977 Ford window van owned by Cook’s dad. They crossed the Juan de Fuca strait to Port Angeles by ferry.

The plan was to buy furnace parts for Cook’s family business, sleep in the van near the former Kingdome stadium, then travel back to Canada the next day.

The couple bought a ticket for the Bremerton-Seattle ferry and are believed to have gotten on the boat. But they never arrived at their Seattle meeting.

And they were never seen alive again.

A missing person report was filed two days later.

On Nov. 24, a man walking on an isolated road near Alger, south of Bellingham, discovered Van Cuylenborg’s body in a roadside ditch.

She had been sexually assaulted and shot in the head.

A day later near a Bellingham pub, police found some surgical gloves and unused bullets they believed were linked to the murders, as well as several pieces of Van Cuylenborg’s identification.

Nearby police found their locked van. Plastic binding ties the killer had used to tie up his victims were scattered around the van.

Cook’s battered body was found the next day in the bushes by the side of a bridge near Monroe, southwest of Bellingham.

He was covered by a tattered light-blue blanket.

Over the years, police have had promising leads in the case.

In 1990, a lens from Van Cuylenborg’s camera was found in a Portland, Oregon pawn shop.

In 2000, police suspected a serial killer who had been arrested and convicted in other murders, might be behind their deaths. But he was later cleared.

The murders were featured on the U.S. TV show Unsolved Mysteries. But still no arrest.

In 2015, a $25,000 reward was offered for information that would solve the case.

MORE TO COME…

kbolan@postmedia.com

twitter.com/kbolan

I was down in Everett, Washington today for an interesting news conference in a 1987 unsolved murder of a Victoria couple.

The case was brutal – Jay Cook, 20, and Tanya Van Cuylenborg, 18 – were tied up with zip ties by a well-prepared killer who met them while they were on an overnight road trip to Seattle. Their bodies were dumped in different Washington State counties, thus beginning a three-decade long hunt for the killer.

New DNA technology has helped police obtain composite images of what the suspect might look like. They are hoping it will lead to a break in the case.

Here’s my story (please check the link for more photos and video:)

Tanya Van Cuylenborg, left, and Jay Cook iin undated handout photos. A sheriff’s department in Washington state may have new information linked to the 30-year-old murders of two British Columbia residents. The Snohomish County Sheriff’s Office has called a news conference for Wednesday in Everett, Wash., to discuss the murders of 18-year-old Tanya Van Cuylenborg and 20-year-old Jay Cook, both from the Victoria-area.

Police in Washington state reveal new details in 1987 murder of young Victoria couple

EVERETT, Wash. — Laura Baanstra still remembers waving to her brother Jay Cook as he drove away from their Victoria home on Nov. 18, 1987 to pick up his girlfriend and head to Seattle for an overnight trip.

She never imagined it would be the last time she would see her 20-year-old sibling.

Jay’s body was found days later dumped on the side of the road in Snohomish County, covered with a blue blanket. He had been strangled.

His 18-year-old sweetheart, Tanya Van Cuylenborg, was also found slain in a ditch in neighbouring Skagit country. She had been sexually assaulted and shot in the back of the head.

For more than 30 years, detectives in both counties have worked tirelessly to find the young couple’s killer without success, despite having collected his DNA.

But they hope new DNA technology that helped create composite drawings of a person of interest in the case might lead to a breakthrough.

Baanstra, her husband Gary and sister Kelly Cook were on hand at a news conference in Everett on Wednesday where images were released of what the man may have looked like at ages 25, 45 and 65.

Baanstra said she couldn’t quite bring herself to look at the pictures of the person who likely killed her brother. But she still hopes someone might recognize the person and contact police.

“If these new pictures that this amazing new technology created triggers a memory you had — perhaps of someone who said something odd that lived in or near the Snohomish area or even Vancouver in late 1987 — please for the sake of my brother Jay, Tanya and all of our families, call it in,” she said.

“When your brother or sister, daughter or a loved one walks out the door, you have no way to know that it’s the last time you will ever see them.”

Det. Jim Scharf, of the Snohomish County cold case unit, has worked the case for the last 13 years.

He laid out a meticulous timeline that investigators have created in the decades-old case.

The pair was planning a short overnight trip to pick up furnace parts in Seattle for Jay’s father’s business.

Scharf said they caught the MV Coho ferry from Victoria to Port Angeles on Nov. 18, 1987, arriving at about 5:30 p.m. They missed a turnoff, so stopped at a local grocery store.

They got to Allen, Wash., at about 9:30 p.m. and stopped at a deli there. At 10:16 p.m., they bought a ticket for the Bremerton ferry to Seattle, which would have put them in the city about 11:30 p.m.

The pair had planned to sleep in the van near the former Kingdome stadium.

A missing person’s report was filed two days later, according to news archives.

On Nov. 24, a man walking on an isolated road near Alger, south of Bellingham, discovered Tanya’s body.

“Her autopsy revealed she had a .38-calibre gunshot wound to the back of her head,” Scharf said. “Tanya had been restrained with zip-tie-type fasteners, and she was sexually assaulted.”

The following day, her wallet, her ID, keys for the van, a pair of surgical gloves and a partial box of ammunition were found under the back porch of a Bellingham pub, he said.

The brown van that Jay and Tanya had been driving was found a block away from the pub, beside the Greyhound bus station, locked and in a parking lot.

A witness told police it had been there since Nov. 21.

On American Thanksgiving — Nov. 26, 1987 — Jay’s body was found, Scharf said, near a minimum-security prison that has since closed but was operating at the time.

More of the killer’s zip-tie restraints were found near his body.

“The person who did this came prepared to do a brutal crime,” Scharf said.

Some of the couple’s items were missing — a green backpack and black men’s jacket, as well as Tanya’s Minolta camera, which has never been found although its lens turned up at a Portland pawn shop in 1990.

Scharf said investigators hope the new composite images will finally bring the tip that closes the case.

“It has been over 30 years since this all happened, but the Snohomish County Sheriff’s office and the Skagit County Sheriff’s office have never given up hope in solving this case because we do have DNA evidence that will identify the killer,” he said.

So far that DNA has not matched anything on file in either the U.S. or Canada, Scharf said.

“We have these new clues. We believe someone out there knows something that will help us solve this terrible crime. … The smallest detail might end up being the lead we need.”

Snohomish County Investigations Capt. Jeff Miller warned that the images are not photographs, but feature the killer’s characteristics. 

He is a white male, with hazel or green eyes, possibly freckles, and possibly balding. He could have been heavier or lighter than the composites. His hair might have been longer.

“It is not 100 per cent accurate,” Miller said. 

The technology that led to the image was developed by a Virginia company called Parabon NanoLabs and has been successful in solving other cases in the U.S.

The couple’s family and friends are offering a $50,000 Cdn reward only until the end of 2018 for information leading to a DNA match.

Miller said someone out there knows who the killer is.

“Maybe you were too afraid to come forward at the time or you thought someone else already had. Now is the time to share what you may have seen or heard and bring closure to this crime,” he said.

Det.-Sgt. Jenny Sheahan-Lee of Skagit County was an 18-year-old volunteer in 1987 helping in the search of the area where Tanya’s body was found. It was emotional at the time because she was close in age to the victims. She found a shell casing that turned out to be critical evidence.

And now she is the officer in charge of her county’s part of the investigation.

“It has been very difficult because we know that behind this case there are families that are waiting for answers,” she said. “Thirty-one years is a long time for these folks to wait for any answer. So I am really hopeful that this is going to give us that lead that we need.”

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

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What is Parabon Snapshot DNA Phenotyping?

Parabon Nanolabs in Virginia has been doing DNA phenotyping for the past four years. Marketed as a way for police agencies to solve cases of unidentified human remains, the process uses DNA to predict genetic ancestry, eye, hair and skin colour, freckling and face shape.

The company says they “reverse-engineer” DNA into a physical profile. The process reads tens of thousands of genetic variants or genotypes from the DNA to predict what an unidentified person looks like.

The technology was used by the Vancouver Police Department last year with DNA seized from the West End apartment where Edgar (Iggy) Leonardo, 36, was killed 15 years ago, hoping it will generate some clues about a person of interest they believe had been with the victim.

West Point Hells Angel Lukasz Cimoszko died near Barriere, B.C. last week of a suspected drug overdose. Now whoever is looking after his estate will have to take over his defence in a civil forfeiture case filed last year after he was pulled over carrying 240 grams of marijuana and tens of thousands of dollars.

Here’s my story:

Hells Angel facing B.C. civil forfeiture suit dies of suspected overdose

A member of the West Point Hells Angels died of a suspected overdose last week while in the middle of a court case with the B.C. Civil Forfeiture office.

Lukasz Cimoszko, 36, was found dead near Barriere, RCMP Sgt. Janelle Shoihet confirmed Monday.

She said there was nothing suspicious about the death and the B.C. Coroners Service is leading the investigation.

Coroners’ spokesman Andy Watson said he couldn’t comment. 

Social media tribute to Hells Angel Lukasz Cimoszko, centre, who died last week. Also pictured is Hells Angel Bob Green, left, who was shot to death in October 2016 and Hells Angel Bjorn Sylvest, who died in July 2016 while house boating on Shuswap Lake.

Social media tributes were pouring in for Cimoszko, who became a full-patch member of the notorious biker gang in 2012.

Hells Angels spokesman Rick Ciarniello did not respond to requests for comment.

Cimoszko was in the middle of a court battle with the B.C. government agency over $12,270 seized when he was pulled over by Vancouver police a year ago.

According to the claim, Cimoszko’s 2015 Corvette was stopped with the engine running across from a pub on Manitoba Street on March 21, 2017.

Officers ran the plate, which showed that the Hells Angel leased the luxury vehicle. They followed the Corvette and watched it “weave within its lane and fail to signal when it changed lanes,” the claim said.

“The VPD initiated a traffic stop to confirm the driver’s sobriety.”

Cimoszko drove for another two blocks before he pulled over, even after police turned on their lights and siren, the court documents said.

He was wearing “a sweater bearing (Hells Angels Motorcycle Club) patches and the HAMC deathhead logo.” His passenger was wearing an “HAMC support lanyard.”

Vancouver officers saw a machete “in plain view lodged between the centre console and the passenger seat.” Both Cimoszko and the passenger were arrested for possession of a dangerous weapon, although neither was criminally charged.  

Hells Angel Lukasz Cimoszko, 36, died April 12 near Barriere, B.C.

Police searched Cimoszko and found two folding knives in his pants pockets.

They also searched the vehicle and found bundles of cash, more than 240 grams of marijuana, four more knives and “documentation” related to the Hells Angels.

Most of the cash was in two packages of 250 $20 bills located in an open bag on the top of the centre console, the suit says. Two smaller loose bundles were in a black satchel in the trunk of the Corvette.

Cimoszko told police he had a medical marijuana licence to possess the pot. The next day, investigators confirmed he had a pot licence for possession of up to 150 grams and to grow 74 plants at a Langley address.

The director of civil forfeiture alleges the cash “is proceeds and an instrument of illegal activity.”

“The money has been used by Mr. Cimoszko to engage in unlawful activities which variously resulted in, or were likely to result in, the acquisition of property or an interest in property, or cause, or were likely to cause seriously bodily harm.”

A list of the alleged criminal activities included in the civil forfeiture suit includes possession for the purpose of trafficking, possession of the proceeds of crime, participation in a criminal organization and commission of an offence for a criminal organization.

The director claims Cimoszko obtained the money from criminal activity and would likely use it for more crimes if it was given back to him.

In Cimoszko’s response, he says police didn’t really stop him for traffic violations, but because he’s a Hells Angel.

“Members stopped the vehicle as part of a ruse in order to engage in a fishing expedition in relation to the defendant,” his written response said. “The defendant carries on a legitimate business and collects, remits and files the necessary taxes to the appropriate government authorities.”

Cimoszko also claimed that the VPD search of his vehicle was warrantless and in violation of his Charter rights.

Phil Tawtel, Civil Forfeiture Office executive director, said he couldn’t comment on the Cimoszko case since it remains before the courts.

“As with any civil litigation, where a defendant dies during the proceeding conduct of the (case), litigation can pass to the legal representative of the estate,” he said.

Corporate records list Cimoszko as the president of two B.C. companies, both incorporated on Dec. 3, 2009. One is called Luke Contracting Ltd. of which he is the only director. The second — Exotic Auto Imports Ltd. — also lists  fellow West Point Hells Angel Larry Amero as a director.  

Hells Angel Larry Ronald Amero in file photo

Amero was charged in January with conspiracy to kill gangster rivals Sandip Duhre and Sukhveer Dhak, who died months apart in targeted 2012 shootings. He remains in pre-trial custody awaiting trial.

Cimoszko’s only B.C. conviction was in Surrey in 2002 for driving while prohibited. He got a week in jail.

Land title records show that he bought a 26th-floor apartment in downtown Vancouver in 2012 that is now assessed at $1.05 million. In addition to the leased Corvette, personal property records show Cimoszko also had leased or bought a 2016 Honda Pilot, a 2016 Harley and a 2017 Cadillac Escalade.

Meanwhile, another civil forfeiture case involving the Hells Angels is set to start in B.C. Supreme Court next Monday, more than 10 years after it was first filed.

The B.C. government wants the clubhouse of the East Vancouver, Nanaimo and Kelowna chapters forfeited, alleging they would be used for criminal activity in future if returned to the bikers. The Hells Angels are challenging the constitutionality of the province’s Civil Forfeiture Act.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

A member of the West Point Hells Angels died of a suspected overdose last week while in the middle of a court case with the B.C. Civil Forfeiture office.

Lukasz Cimoszko, 36, was found dead near Barriere, RCMP Sgt. Janelle Shoihet confirmed Monday.

She said there was nothing suspicious about the death and the B.C. Coroners Service is leading the investigation.

Coroners’ spokesman Andy Watson said he couldn’t comment. 

Social media tribute to Hells Angel Lukasz Cimoszko, centre, who died last week. Also pictured is Hells Angel Bob Green, left, who was shot to death in October 2016 and Hells Angel Bjorn Sylvest, who died in July 2016 while house boating on Shuswap Lake.

Social media tributes were pouring in for Cimoszko, who became a full-patch member of the notorious biker gang in 2012.

Hells Angels spokesman Rick Ciarniello did not respond to requests for comment.

Cimoszko was in the middle of a court battle with the B.C. government agency over $12,270 seized when he was pulled over by Vancouver police a year ago.

According to the claim, Cimoszko’s 2015 Corvette was stopped with the engine running across from a pub on Manitoba Street on March 21, 2017.

Officers ran the plate, which showed that the Hells Angel leased the luxury vehicle. They followed the Corvette and watched it “weave within its lane and fail to signal when it changed lanes,” the claim said.

“The VPD initiated a traffic stop to confirm the driver’s sobriety.”

Cimoszko drove for another two blocks before he pulled over, even after police turned on their lights and siren, the court documents said.

He was wearing “a sweater bearing (Hells Angels Motorcycle Club) patches and the HAMC deathhead logo.” His passenger was wearing an “HAMC support lanyard.”

Vancouver officers saw a machete “in plain view lodged between the centre console and the passenger seat.” Both Cimoszko and the passenger were arrested for possession of a dangerous weapon, although neither was criminally charged.  

Hells Angel Lukasz Cimoszko, 36, died April 12 near Barriere, B.C.

Police searched Cimoszko and found two folding knives in his pants pockets.

They also searched the vehicle and found bundles of cash, more than 240 grams of marijuana, four more knives and “documentation” related to the Hells Angels.

Most of the cash was in two packages of 250 $20 bills located in an open bag on the top of the centre console, the suit says. Two smaller loose bundles were in a black satchel in the trunk of the Corvette.

Cimoszko told police he had a medical marijuana licence to possess the pot. The next day, investigators confirmed he had a pot licence for possession of up to 150 grams and to grow 74 plants at a Langley address.

The director of civil forfeiture alleges the cash “is proceeds and an instrument of illegal activity.”

“The money has been used by Mr. Cimoszko to engage in unlawful activities which variously resulted in, or were likely to result in, the acquisition of property or an interest in property, or cause, or were likely to cause seriously bodily harm.”

A list of the alleged criminal activities included in the civil forfeiture suit includes possession for the purpose of trafficking, possession of the proceeds of crime, participation in a criminal organization and commission of an offence for a criminal organization.

The director claims Cimoszko obtained the money from criminal activity and would likely use it for more crimes if it was given back to him.

In Cimoszko’s response, he says police didn’t really stop him for traffic violations, but because he’s a Hells Angel.

“Members stopped the vehicle as part of a ruse in order to engage in a fishing expedition in relation to the defendant,” his written response said. “The defendant carries on a legitimate business and collects, remits and files the necessary taxes to the appropriate government authorities.”

Cimoszko also claimed that the VPD search of his vehicle was warrantless and in violation of his Charter rights.

Phil Tawtel, Civil Forfeiture Office executive director, said he couldn’t comment on the Cimoszko case since it remains before the courts.

“As with any civil litigation, where a defendant dies during the proceeding conduct of the (case), litigation can pass to the legal representative of the estate,” he said.

Corporate records list Cimoszko as the president of two B.C. companies, both incorporated on Dec. 3, 2009. One is called Luke Contracting Ltd. of which he is the only director. The second — Exotic Auto Imports Ltd. — also lists  fellow West Point Hells Angel Larry Amero as a director.  

Hells Angel Larry Ronald Amero in file photo

Amero was charged in January with conspiracy to kill gangster rivals Sandip Duhre and Sukhveer Dhak, who died months apart in targeted 2012 shootings. He remains in pre-trial custody awaiting trial.

Cimoszko’s only B.C. conviction was in Surrey in 2002 for driving while prohibited. He got a week in jail.

Land title records show that he bought a 26th-floor apartment in downtown Vancouver in 2012 that is now assessed at $1.05 million. In addition to the leased Corvette, personal property records show Cimoszko also had leased or bought a 2016 Honda Pilot, a 2016 Harley and a 2017 Cadillac Escalade.

Meanwhile, another civil forfeiture case involving the Hells Angels is set to start in B.C. Supreme Court next Monday, more than 10 years after it was first filed.

The B.C. government wants the clubhouse of the East Vancouver, Nanaimo and Kelowna chapters forfeited, alleging they would be used for criminal activity in future if returned to the bikers. The Hells Angels are challenging the constitutionality of the province’s Civil Forfeiture Act.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

Kellen McElwee’s family is still waiting for answers more than a decade after they last saw him.

The Integrated Homicide Investigation Team believes he met with foul play in April 2008, but his body has never been found.

His parents Len and Paula McElwee appeared at an RCMP news conference in Surrey today to appeal for information that would lead to a break in the case.

They stressed that Kellen, who was 25 when he vanished, was a passionate young man who would do anything for a friend in need.

Here is a letter they released about their son:

“We remember Kellen’s childhood as being normal.  He was involved in hockey at a young age as well as baseball.  As a family, we moved from one event to another.  He was a good student all through school and excelled in mathematics.  He had the widest smile and the kindest heart.  He was very unassuming but he had his own opinions and stood up for his beliefs.  Kellen was a driven and passionate young man when he was faced with a challenge or a friend needed help.  He was just beginning a new chapter of his life teaching marketing skills and loved the interaction and the challenge his students presented.

Kellen did not have a criminal record.  We never thought he would disappear off the face of the world without a goodbye.  He did not act stressed or fearful for his life.  Kellen had many friends from different times in his life and never seemed to have any difficulties interacting with any of them. 

The last ten years have not been easy for our family.  Kellen would now have been 35 years old.  He might have married and he might have had children who we will never get to meet.  We would like to bring Kellen home.

At this time, we would like to ask for anyone who may have information about Kellen’s death to please contact IHIT.  Perhaps over the years you have heard rumours or stories about what happened to Kellen.  Perhaps you saw something on Facebook or another social media site about what happened to Kellen, but you thought the police must know about that so you never said anything.  We would be eternally grateful if you are able to provide the police with any information.  Please bear in mind no information is irrelevant and you may remain anonymous. We are making this appeal particularly to those who knew Kellen and may have valuable information that can help the police solve his murder and find his remains.  Kellen’s presence will always remain with family and friends.  We hope this public plea will help bring Kellen and our family the justice he deserves.”

Anyone with information is asked to contact IHIT at:  1-877-551-4448 or ihitinfo@rcmp-grc.gc.ca.

The federal government is not doing enough to keep organized crime out of the medical marijuana business, B.C. Public Safety Minister Mike Farnworth said Thursday.

Farnworth was reacting to two recent Postmedia News stories about full-patch members of the Hells Angels being involved in medical pot in B.C.

This week, Postmedia reported that West Point Hells Angel Lukasz Cimoszko, who died recently of a suspected overdose, had a federal licence to grow medical cannabis despite allegations by the B.C. Civil Forfeiture Office that he was involved in organized crime.

And in February, Postmedia revealed that long-time Vancouver Hells Angel Hal Porteous was offering on Instagram to help people obtain medical marijuana growing licences. Porteous has since retired from the biker gang.

“We don’t want to see the involvement of organized crime in either medical cannabis or the recreational cannabis industry. This is clearly evidence that not-thorough-enough background screenings are being done by Health Canada on who is getting these licences,” Farnworth said.  “There is absolutely no place for organizations like the Hells Angels in either recreational cannabis or medicinal cannabis.”

Farnworth said the federal government has promised reforms to the medical cannabis licensing system within five years to help deal with organized crime infiltration and other issues that have been raised.

“I think that is far too long. I think now with the legalization of recreational cannabis, there needs to be significant reform done on the medical cannabis side,” he said.

He said organized crime’s involvement in the production and sale of cannabis “is an area of real concern for us at the provincial and local level.”

“It is frustrating that Health Canada does not seem to realize this, and I don’t know why,” Farnworth said. “There should be thorough background checks because they know that this whole system of medical cannabis is attracting organized crime like moths to a flame.”

Hal Porteous.

Cimoszko was fighting a lawsuit filed by the director of civil forfeiture last year after the biker was stopped by Vancouver police and found to have 240 grams of marijuana, a machete and bundles of cash totaling $12,270 in his leased Corvette.

He argued in his court documents that he had a medical licence to possess the pot and that police violated his Charter rights when officers searched him.

But the government agency alleged he was in possession of more pot than his licence allowed and that he was “participating in the activities of a criminal organization.”

“Mr. Cimoszko did not have sufficient legitimate income to have acquired the money,” the suit said.

It noted that he got his licence in April 2013 under the Medical Marijuana Access Regulations.

Related

• Hells Angel facing B.C. civil forfeiture suit dies of suspected overdose
• Hells Angel offers to help people get medical pot-growing licences

At the time, Cimoszko’s business partner in a car import company, fellow West Point Hells Angel Larry Amero, was facing cocaine importation charges in Quebec. The charges were stayed last year due to delays in the case. But Amero has since been charged with conspiracy to kill two gang rivals.

Health Canada media relations officer Rebecca Purdy said she couldn’t comment on how a Hells Angel would qualify for a medical pot growing licence.

“For privacy reasons, Health Canada cannot comment on whether an individual is authorized and registered to produce a limited amount of cannabis for their own medical purposes,” she said in an email.

Earlier this year, Postmedia reported that Porteous, a member of the Vancouver Hells Angels chapter until recently, offered to help people get medical licences.

“If anyone is in serious pain and doesn’t want to take prescription medication and would like a medical marijuana license to grow there (sic) own medication, please DM me. This is legal!!” 

Retired police biker expert Andy Richards provided Postmedia with a copy of Porteous’ social media post.

Richards, now CEO of Spire Secure Logistics, said the revelations about Cimoszko’s growing licence “certainly reflects poorly on Health Canada’s ability to regulate our national medical cannabis system.”

“When one full-patch HA member is able to obtain a personal production licence, and another has the ability to broker ‘pooled’ licences across Canada, one has to wonder how well regulators will be able to monitor and inspect aspects of the legal recreational cannabis system,” he said Thursday.

“The prevention of organized crime infiltration, black market diversion, and keeping cannabis out of the hands of youth have been touted as primary goals of legislation. To be honest, so far we’ve seen little beyond lip service.”

Kbolan@postmedia.com

Blog: vancouversun.com/tag/real-scoop

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Three gangsters on trial for the 2011 murder of Red Scorpion leader Jonathan Bacon are expected to plead guilty to lesser charges when their trial resumes on May 1, Crown spokesman Dan McLaughlin confirmed Friday.

A new indictment was sworn this week against Jason McBride, Jujhar Khun-Khun and Michael Jones.

B.C. Supreme Court Justice Allan Bretton was notified of the plea deal Friday morning.

All three men had been facing charges of first-degree murder and attempted murder for the brazen Aug. 14, 2011 shooting outside Kelowna’s Delta Grand Hotel.

Bacon was fatally wounded when the Porsche Cayenne he was in was sprayed with bullets in front of shocked onlookers.

Also wounded was the Cayenne’s driver — Hells Angel Larry Amero — and passengers Leah Hadden-Watts and Lyndsey Black. Independent Soldier James Riach jumped out as the shooting started and escaped injury.

McLaughlin said the new indictment in the case was filed April 19.

McBride is now charged with the second-degree murder of Bacon, and the attempted murder of Amero, Riach, Hadden-Watts and Black.

Jones and Khun-Khun are now only charged with conspiring with McBride, the late Sukh Dhak and others to commit the murders of Amero, Riach and Bacon between June 1 and Aug. 14, 2011.

“The matter has now been adjourned to May 1, 2018. It is anticipated that guilty pleas will be entered at that time to all charges on the new indictment and the sentencing hearing will proceed on the basis of a joint submission,” McLaughlin said. “As the matter remains before the court, the B.C. Prosecution Service will have no further comment at this time.”

The trial of the three gangsters began in Kelowna on May 29, 2017 and continued on and off until October before being adjourned to sort out disclosure issues.

Crown prosecutor Dave Ruse promised dramatic evidence in his opening statement. He said that DNA of all three accused was found on hoodies and a ball cap discarded after the murder.

And he said that former gangsters-turned Crown witnesses would testify that all three accused were part of the team hunting Amero, Bacon and Riach because the Sukh Dhak believed the trio was behind the murder of his brother Gurmit in Burnaby in October 2010.

Ruse said that Khun-Khun, McBride, Jones and a fourth man, Manny Hairan, arrived in Kelowna early on the morning of Aug. 14, 2011 to kill Amero and his friends after they had been spotted partying in the lakeside resort town.

“They went and attended various bars, various clubhouses, including the Throttle Lockers and the Hells Angels, in an effort to locate Mr. Amero’s associates,” Ruse said.

The accused walked along the waterfront behind the Delta Grand Hotel where Amero and his group were staying and “saw a large orange boat named ‘Steroids and Silicone’ tied up. … Mr. McBride recognized that as Larry’s boat, and instructed them to keep their eyes open,” Ruse said.

Later that day, the Dhak associates went back to the hotel and waited.

Amero, Bacon, Riach, Hadden-Watts and Black had checked out and gotten into the Porsche. Bacon was in the front beside Amero. The women were in the back beside Riach.

“A Ford Explorer pulled up to the passenger side of the Porsche. Gunmen opened fire from within and outside the Explorer,” Ruse said.

“The gunmen eventually got into their vehicle and sped off.”

Ruse said the three firearms used in the murder — a Glock and two Norincos — were found months later dumped at a construction site north of Kelowna.

The clothing was found dumped inside a recycling bin at another location. Not only was there DNA matches to the accused, but a drop of Amero’s blood was found on one of the hoodies.

Police recovered 45 shell casings and two live rounds from the crime scene, Ruse said.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

The new indictment contains the following charges:

Count 1/Chef 1:

That on or about the 14^th, day of August, 2011, at or near Kelowna, in the Province of British Columbia, Jason Thomas MCBRIDE did commit the second degree murder of Jonathan Bacon, contrary to Section 235(1) of the Criminal Code. 

Count 2/Chef 2:

That on or about the 14^th, day of August, 2011, at or near Kelowna, in the Province of British Columbia, while using a prohibited firearm, Jason Thomas MCBRIDE did attempt to commit the murder of Larry Amero, James Riach, Leah Hadden-Watts and Lyndsey Black, by discharging that firearm at Larry Amero, James Riach, Leah Hadden-Watts and Lyndsey Black, contrary to Section 239(1)(a) of the Criminal Code.

Count 3/Chef 3:

That between the 1^st day of June, 2011 and the 14^th day of August, 2011, both dates inclusive, at or near Vancouver, Coquitlam, Kelowna, and elsewhere in the Province of British Columbia, Michael Kerry Hunter JONES and Jujhar KHUN-KHUN did conspire together, and with Jason McBride, Suhkveer Dhak, and others to commit the murder of Larry Amero, James Riach and Jonanthan Bacon, contrary to Section 465(1)(a) of the Criminal Code.

United Nations gang associate Aram Ali will be released into the community while awaiting deportation to his native Iraq despite submissions by the Canada Border Services Agency that he is a danger to the public.

Immigration and Refugee Board member Laura Ko ruled Friday that placing the convicted gunman on strict conditions should protect Canadians while allowing Ali to spend time with his family until he gets the travel documents needed for his deportation.

Ko rejected arguments from CBSA representative Meelan Gene that Ali’s history of criminality and gang association would likely continue if he were to be released.

Gene noted that when Ali shot up the Range Rover of a gang rival outside Surrey’s T-Barz strip club in February 2009, he was on bail on a drug trafficking charge.

If released now, “it is all too likely that Mr. Ali will be tempted by the fast and easy money of criminality once again, which would result in further offences that would endanger members of the public,” Gene said.

She also pointed to comments from B.C. Supreme Court Justice Heather Holmes who called Ali “a mercenary for hire who was prepared to shoot a person for money and put other people at very serious risk.”

The 33-year-old was sentenced in December 2015 to eight and a half years for the shooting he carried out on behalf of UN gangster Barzan Tilli-Choli. The Range Rover driver was injured, but the intended target — Independent Soldier Tyler Willock — escaped injury.

Holmes said “it was by sheer luck that (the driver) or one of his passengers were not more seriously injured or killed.”

With credit for pre-trial custody, Ali got a net sentence of three and a half years and was transferred to immigration custody this month after serving two-thirds of the term.

The Immigration and Refugee Board ruled earlier that Ali, who was an infant when he fled Iraq with his family, is not eligible to remain in Canada due to his serious criminality.

Ko noted that Ali abided by bail conditions while living in Calgary from 2011 until he was tried, convicted and sentenced in Vancouver in 2015.

And she said Ali did well while imprisoned, completing high school and taking other pro-social programing.

“I think you would likely comply with conditions given your motivation and your past compliance with conditions,” she told him at the conclusion of a day-long hearing.

She ordered Ali to follow conditions imposed on him earlier by the Parole Board of Canada to steer clear of criminal associates, carry only a single cellphone and provide details of his finances to a probation officer.

She also imposed a 9 p.m. curfew and said he could be released after his mother Ramzieh Mouhammed put up a $5,000 bond.

“The bond being offered by your family offers an additional incentive,” Ko said. “This is giving you the opportunity to spend any time you do have with your family.”

Mouhammed testified at her son’s hearing, crying when she described how hard it will be when he is sent to Iraq.

She said through an interpreter that if her eldest son could be released, even for a short time, “it would be like the whole world is given to me.”

Ali’s lawyer Veen Aldosky argued that it would be unfair to hold Ali in custody while it is unclear how long it will take Iraq to issue the travel documents.

She said that she will be filing an appeal of the earlier Immigration and Refugee Board ruling against her client.

In addition to convictions for aggravated assault and discharging a firearm in the T-Barz shooting, Ali has an earlier conviction for drug trafficking. And he was also implicated by a witness at a gang murder trial last year as having accidentally shot at a UN gang associate in May 2008 while the gang was out hunting the Bacon brothers.

Tilli-Choli, who pleaded guilty to conspiring to kill the Bacons, was deported to Iraq in January 2017 after completing his sentence.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

I had heard recent rumblings that there might be a plea deal reached against three gangsters accused in the 2011 Jonathan Bacon murder.

But I was still a bit surprised when the news broke Friday morning that Jason McBride, Jujhar Khun-Khun and Michael Jones are expected to plead guilty May 1 to lesser charges in connection with the Aug. 14, 2011 shooting outside Kelowna Delta Grand hotel.

McBride is expected to plead guilty to the second-degree murder of Bacon, while the other two will plead guilty to conspiracy to commit murder.

We will learn more details on May 1. I will be in Kelowna that day.

Here’s my story:

Three gangsters on trial for the 2011 murder of Red Scorpion leader Jonathan Bacon are expected to plead guilty to lesser charges when their trial resumes on May 1, Crown spokesman Dan McLaughlin confirmed Friday.

A new indictment was sworn this week against Jason McBride, Jujhar Khun-Khun and Michael Jones.

B.C. Supreme Court Justice Allan Bretton was notified of the plea deal Friday morning.

All three men had been facing charges of first-degree murder and attempted murder for the brazen Aug. 14, 2011 shooting outside Kelowna’s Delta Grand Hotel.

Bacon was fatally wounded when the Porsche Cayenne he was in was sprayed with bullets in front of shocked onlookers.

Also wounded was the Cayenne’s driver — Hells Angel Larry Amero — and passengers Leah Hadden-Watts and Lyndsey Black. Independent Soldier James Riach jumped out as the shooting started and escaped injury.

McLaughlin said the new indictment in the case was filed April 19.

McBride is now charged with the second-degree murder of Bacon, and the attempted murder of Amero, Riach, Hadden-Watts and Black.

Jones and Khun-Khun are now only charged with conspiring with McBride, the late Sukh Dhak and others to commit the murders of Amero, Riach and Bacon between June 1 and Aug. 14, 2011.

“The matter has now been adjourned to May 1, 2018. It is anticipated that guilty pleas will be entered at that time to all charges on the new indictment and the sentencing hearing will proceed on the basis of a joint submission,” McLaughlin said. “As the matter remains before the court, the B.C. Prosecution Service will have no further comment at this time.”

The trial of the three gangsters began in Kelowna on May 29, 2017 and continued on and off until October before being adjourned to sort out disclosure issues. 

Jonathan Bacon in June 2008 file photo

Crown prosecutor Dave Ruse promised dramatic evidence in his opening statement. He said that DNA of all three accused was found on hoodies and a ball cap discarded after the murder. 

And he said that former gangsters-turned Crown witnesses would testify that all three accused were part of the team hunting Amero, Bacon and Riach because the Sukh Dhak believed the trio was behind the murder of his brother Gurmit in Burnaby in October 2010.

Ruse said that Khun-Khun, McBride, Jones and a fourth man, Manny Hairan, arrived in Kelowna early on the morning of Aug. 14, 2011 to kill Amero and his friends after they had been spotted partying in the lakeside resort town.

“They went and attended various bars, various clubhouses, including the Throttle Lockers and the Hells Angels, in an effort to locate Mr. Amero’s associates,” Ruse said.

The accused walked along the waterfront behind the Delta Grand Hotel where Amero and his group were staying and “saw a large orange boat named ‘Steroids and Silicone’ tied up. … Mr. McBride recognized that as Larry’s boat, and instructed them to keep their eyes open,” Ruse said.

Later that day, the Dhak associates went back to the hotel and waited.

Amero, Bacon, Riach, Hadden-Watts and Black had checked out and gotten into the Porsche. Bacon was in the front beside Amero. The women were in the back beside Riach.

“A Ford Explorer pulled up to the passenger side of the Porsche. Gunmen opened fire from within and outside the Explorer,” Ruse said.

“The gunmen eventually got into their vehicle and sped off.”

Ruse said the three firearms used in the murder — a Glock and two Norincos — were found months later dumped at a construction site north of Kelowna.

The clothing was found dumped inside a recycling bin at another location. Not only was there DNA matches to the accused, but a drop of Amero’s blood was found on one of the hoodies.

Police recovered 45 shell casings and two live rounds from the crime scene, Ruse said.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

The new indictment contains the following charges:

Count 1/Chef 1:

That on or about the 14^th, day of August, 2011, at or near Kelowna, in the Province of British Columbia, Jason Thomas MCBRIDE did commit the second degree murder of Jonathan Bacon, contrary to Section 235(1) of the Criminal Code. 

Count 2/Chef 2:

That on or about the 14^th, day of August, 2011, at or near Kelowna, in the Province of British Columbia, while using a prohibited firearm, Jason Thomas MCBRIDE did attempt to commit the murder of Larry Amero, James Riach, Leah Hadden-Watts and Lyndsey Black, by discharging that firearm at Larry Amero, James Riach, Leah Hadden-Watts and Lyndsey Black, contrary to Section 239(1)(a) of the Criminal Code.

Count 3/Chef 3:

That between the 1^st day of June, 2011 and the 14^th day of August, 2011, both dates inclusive, at or near Vancouver, Coquitlam, Kelowna, and elsewhere in the Province of British Columbia, Michael Kerry Hunter JONES and Jujhar KHUN-KHUN did conspire together, and with Jason McBride, Suhkveer Dhak, and others to commit the murder of Larry Amero, James Riach and Jonanthan Bacon, contrary to Section 465(1)(a) of the Criminal Code.

The Hells Angels “are an extraordinarily sophisticated entity” fighting to preserve their brand to help members around the world commit criminal acts, a lawyer representing the B.C. government said Monday.

Brent Olthuis told B.C. Supreme Court that three B.C. biker clubhouses should be forfeited to the government because they would likely be used to commit crimes if the bikers are allowed to maintain control of them.

After more than a decade, the director of civil forfeiture’s lawsuit against the Hells Angels finally got underway before Justice Barry Davies at the Vancouver Law Courts on Monday.

It all started in November 2007 when police raided the Hells Angels’ Nanaimo clubhouse, which became the subject of the first civil forfeiture action. In 2012, the government agency filed suits to get clubhouses of the East End and Kelowna chapters forfeited as well.

The suit alleges that if the Hells Angels get to keep the clubhouses they will be used “to enhance the ability of a criminal organization, namely the Hells Angels Motorcycle Club, to commit indictable offences.”

The Angels have filed a counter-claim, seeking to get B.C.’s Civil Forfeiture Act declared unconstitutional.

Olthuis told Davies on Monday “this is a case fundamentally about things, and under the civil forfeiture statute, the likely use to which those things are going to be put in the future.”

He said almost all Hells Angels chapters are required to maintain a clubhouse as its “base of operations.”

“We say one of the main purpose or main activities of the Hells Angels is the facilitation or commission of serious offences that if committed would likely result in the direct or indirect receipt of material benefits by the Hells Angels,” Olthuis said.

“The Hells Angels pursues those ends, in part by cultivating or protecting a brand that is associated with violence and intimidation.”

He said the evidence at the trial would show that the clubhouses are used for nefarious purposes.

“These are the sites at which members will congregate for the purpose of counselling or conspiring to commit crimes of violence or financial gain,” he said.

“They are safe houses. They are places where members of the Hells Angels meet, where they recruit new members and support clubs, where they collect and store legal funds to defray legal costs for criminal prosecution, all in confidence.”

The Hells Angels also use the clubhouses to collect and store data on members, rivals, suspected informants and police investigations that threaten the Hells Angels brand.

“The clubhouses function as planted flags. They are warnings or reminders to rival criminal organizations that the areas in question, the places of these clubhouses, are Hells Angels turf,” Olthuis said.

He told Davies that over the five-week trial, he would call on police experts on the Hells Angels from across Canada, as well as two men once close to the club — Micheal Plante and David Atwell — who became police agents and testified in criminal cases in B.C. and Ontario.

“The picture we say that will emerge is one of an entity determined to ensure its own survival, to avoid designation as a criminal organization and to avoid infiltration by law enforcement primarily to ensure the Hells Angels brand which is referred to and will be referred to as the power of the patch for its members exclusive use in furtherance of criminal activities,” Olthuis said.

He said the Hells Angels trademarked its patch because “it is a calling card.”

“Hells Angels, the trademarked death head and other words associated with the club serve as warnings to non-affiliated persons that the wearer or bearer of these marks is a member of a feared organization,” Olthuis said.

“Individual members would lose a great deal of their currency in the criminal world if the name and trappings of the Hells Angels were removed from them.”

The first witness in the government’s case is a former undercover Mountie who posed as a South American drug lord in an investigation that led to convictions against Hells Angels David Giles, who died last year just months after getting a record sentence for conspiracy to import and traffic cocaine.

The officer, whose identity is shielded by a publication ban, testified about three meetings he had with Giles and others in Panama in 2012 to arrange cocaine purchases.

He said Giles told him about being a Hells Angel and having achieved the ranks of vice-president and sergeant at arms in his Kelowna chapter. He also showed the cop his death head tattoos.

Giles also admitted to having previously imported cocaine from South America to Canada, the officer testified, including a 2001 shipment of 2.5 tonnes on a fishing boat called the Western Wind that was seized by the U.S. Coast Guard.

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

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Reporter Kim Bolan reported live from the courthouse today. Follow her tweets below:

The Hell’s Angels clubhouse in Nanaimo.

I filed this story Friday about an Immigration and Refugee Board hearing that resulted in an order to release UN gang associate and convicted gunman Aram Ali pending his deportation to his native Iraq.

I learned Monday that he wasn’t released because the Canada Border Services Agency has gone to the Federal Court of Canada to request a review of the IRB ruling. The CBSA believes Ali is too dangerous to be allowed out into the community.

I will update you when I have more information.

Here’s my original story: