Judge defends release of suspect prior to Merritt killings

B.C.'s chief provincial judge is defending a decision by a justice of the peace to release a man last week who is now the only police suspect in the death of his three children in Merritt, B.C.

The justice of the peace who released Allan Dwayne Schoenborn at a bail hearing had no reason to believe he was a threat to his family, Chief Judge Hugh Stansfield told CBC News Tuesday afternoon.

Stansfield said the justice of the peace specifically asked police during the bail hearing if there was "friction" between Schoenborn and his wife, and the answer was no.

"There wasn't in the bail hearing — in any way that I am able to ascertain at this point — any representation by police that there was an active concern about Mr. Schoenborn posing a threat to his family," Stansfield said.

During the bail hearing, the RCMP officer did request Schoenborn be held but that was because he was deemed a flight risk, Stansfield said.

'In many circumstances, the justice of the peace remands those cases for the judge to hear the following morning and in this case that wasn't done and I don't know why.' — B.C. Attorney General Wally Oppal

Police named Schoenborn on Monday as the only suspect in the death of his three children — Kaitlynne, 10, Max, 8, and Cordon, 5 — whose mother, Darcie Clarke, discovered their bodies in their Merritt trailer home on Sunday afternoon. Police are still searching for the 40-year-old man, who they said could have travelled as far as Alberta.

RCMP spokeswoman Const. Annie Linteau told CBC News Tuesday morning that Merritt RCMP arrested Schoenborn last Thursday at Diamond Vale Elementary School after he allegedly threatened the principal and a student.

He was charged with two counts of uttering threats and the RCMP recommended he be held over the weekend to appear in front of a judge on Monday, Linteau said.

"He was arrested. He was held in custody. We were recommending that he appears in front of a judge yesterday [Monday] because of his criminal history [and] because of the fact that he had no fixed address, no real root to the community of Merritt. We felt that he should be remanded in custody," Linteau said.

"A decision was made by the justice of the peace. We certainly, as an organization, have to respect the decision."

Courts should 'listen to what RCMP are saying': mayor

Merritt Mayor David Laird said the decision to release Schoenborn was wrong.

"If the courts had made the right decision, this tragedy probably wouldn't have happened," Laird told CBC News Tuesday morning.

"There's a large disconnect between the recommendations made by the RCMP and the court ruling," he said. "I really feel it's time the courts listen to what the RCMP are saying, especially about repeat offenders and this type of individual."

B.C. Attorney General Wally Oppal said Tuesday afternoon that the justice system operates well but there are some unanswered questions.

"This is a summary procedure that the justice of the peace heard," Oppal said.

"In many circumstances, the justice of the peace remands those cases for the judge to hear the following morning and in this case that wasn't done and I don't know why."

Schoenborn has history of run-ins with law

The school incident marked the second arrest of Schoenborn by Merritt RCMP that week. He was arrested earlier on an outstanding warrant, the RCMP said Monday.

Schoenborn has a history of legal troubles in other jurisdictions, including a restraining order issued in Vancouver that stated he had to stay away from the children and their mother.

The restraining order was granted after an incident in Vancouver in May. Court documents obtained by CBC News on Monday show Schoenborn was charged with breaching a restraining order over an alleged threat of violence against Clarke last August. Clarke moved to Merritt from Vancouver last September.

Schoenborn was also charged with sexually assaulting a Vancouver woman in May and a breach of his bail conditions on that charge six months later.

He also pleaded guilty to drinking and driving last November. Part of his sentence included a one-year driving ban, but he breached that after one month, the records show.

Parents concerned about lack of information

Meanwhile, parents in Merritt have expressed concern that it took nearly a full day for the RCMP to warn them that a suspected child killer was at large in the area.

Yvonne Charters said the RCMP should have immediately warned residents that the suspect had escaped.

"They didn't let us know he was still at large, so we felt it was safe to send our kids, and there was never any word," Charters said.

The safety of other children in the neighbourhood should be the first concern of police, she said.

RCMP Const. Julie Rattee said police didn't want to say they had a suspect, until they knew who the suspect was.

Laird supports the RCMP decision, saying he does not believe the RCMP was in a position to warn the general public about Schoenborn.

"If they thought he was a threat to our community, the RCMP wouldn't sit on it for that amount of time," said Laird.

Bodies removed, mother sedated

Late Monday night, the bodies of the three children were removed from their home as an intensive forensic investigation continued at the trailer home.

Their mother was sedated and was being comforted by people around the clock, Laird said police told him.

He said he met with a counsellor in the town who suggested that Merritt hold a community support meeting where everyone who feels affected by the crime gathers to talk and support each other and discuss ways to support the mother.

"The community is really looking at ways of supporting [each other] in any way that they can," Laird said. "Hopefully this community healing meeting will help, and give some direction as to what we need to do to basically work our way through, helping wherever we can as a small community."