Kelowna woman withdraws 'disturbing' account of domestic violence

A Kelowna man once accused of holding his girlfriend captive for two weeks and threatening to cut her up with a chainsaw has been released from jail and had the charge withdrawn after his girlfriend refused to cooperate with the investigation.

In September 2021 Mark Timothy Shaver was charged with the unlawful confinement of Marian Tutuarima, as well as assaulting her with a weapon and uttering threats.

However, after six months in custody, Shaver was released from jail Mar. 25 after pleading guilty to uttering threats, and the lesser charge of assault.

Crown prosecutors were forced to stay the charge of unlawful confinement after Tutuarima wrote a letter a week after Shaver was arrested saying everything was now fine and she needed no further involvement from the police or the courts.

In a Jan. 20 B.C. Supreme Court decision, Justice Kathleen Ker said Tutuarima's behaviour was somewhat typical of women who had been subjected to intimate partner violence.

The case highlights the difficulties in prosecuting domestic violence cases.

"Complainants in these situations do change their minds, likely because they are afraid and experiencing a variety of other psychological and/or emotional stressors," Justice Ker said in the decision.

According to the recently published decision, in September 2021 Tutuarima texted a friend saying she needed help and was in an abusive relationship, and Shaver was "going to kill me."

She also texted to say she was camping off a remote service road outside West Kelowna.

The friend passed the message to the RCMP who arrived at the couple's campsite.

When police arrived at the site, Tutuarima told them Shaver had held her captive there for two weeks and had threatened to kill her and their dog.

"As part of the threats, she alleged that Mr. Shaver had held a running chainsaw near her head and threatened to cut her up. In addition, she told the police that Mr. Shaver made her sleep in the vehicle, which he had alarmed to prevent her from leaving," the decision reads. "Ms. Tutuarima also advised that, on September 8, when she was inside the camper, Mr. Shaver threw gasoline on it and threatened to set it on fire."

According to the decision, Tutuarima told police Shaver had picked a location in the mountains near Boulderfields Park where he planned to kill her and their dog.

Shaver had also hit Tutuarima with an unknown object and told her if she did not do what he wanted her to do, he would make her watch him cut up their dog with a machete and then kill her, she said.

"Ms. Tutuarima's allegations are detailed, specific, and, if true, very disturbing," Justice Ker said.

Police arrested Shaver at the campsite and he was later refused bail.

About one week after Shaver's arrest Tutuarima wrote a letter saying that the police arriving at the campsite was just to prevent any physicality between the two. In the letter, Tutuarima said now that the police had arrived and that she is not at the campsite everything is good and she doesn't need the police or the courts.

"In cases of intimate partner violence, complainants change their minds. This is part of the cycle of abuse that is all too often before the courts," the Justice said.

Two months later Tutuarima sent an email saying she was recanting her statement. She went on to say the police have "completely misinterpreted" what she said.

The decision says Tutuarima on another occasion contacted police to say she wanted to withdraw her statement. Police made several other attempts to get a statement from Tutuarima but did not succeed.

The decision says Shaver, 31, has a lengthy criminal record including assaults, uttering threats, break and enter and possession for the purpose of trafficking. Since arriving in the Okanagan in 2016 he's had around 30 interactions with police.

While Tutuarima did not officially recant her statement, the decision shows that police and Crown prosecutors were eager to get another statement from her.

The justice said the RCMP would be well advised to make "every conceivable effort" to interview Tutuarima again.

It appears they failed to do so.

The Crown stayed the charge of unlawful confinement and the assault with a weapon charge was reduced to an assault charge.

Shaver was sentenced to one day in jail, having spent six months behind bars awaiting trial, and released Mar. 25. He was put on 18 months probation and banned from owning weapons for 10 years.

"Unfortunately, the dynamics of intimate partner violence are a very complicated and all too common societal problem," the Justice said.

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