GUILTY Canada - Nancy Swenty, 33, Fisher Branch MB, 27 July 2011

[Crosby87]

If McD surrendered to Police, he would likely be denied bail which means once he is arrested or surrenders to Police, he will likely remain a prisoner for the rest of his life.

In one note written by McD, he stated "he didn't want to go to prison".

 

[Sillybilly]

So, I was eating this great Okanagan peach today ... when I suddenly thought of where McD might head in BC. He will be limited in his ability to access the usual financial resources, but there are hundreds of transient types from all over Canada who head to the Okanagan area of BC in summer to pick fruit. They live in camps or simply sleep in the orchards, pick fruit during the day, get paid cash on a daily basis.

Apple orchards should be on the lookout for Dude !!

 

[Crosby87]

NS and RMcD may not have been "romantically involved" but IMO that doesn’t rule out the probability he was “interested” in her.

 

[Crosby87]

Police say man wanted for murder was in a Saskatoon hospital two days ago

SASKATOON - Police say a man they've charged with second-degree murder in the death of a Manitoba woman was in a hospital in Saskatoon only a few days ago.

Mounties have issued a Canada-wide warrant for Russell Gordon McDiarmid, 51, of Fisher Branch, Man. in connection with the death of Nancy Swenty.

RCMP say they've confirmed McDiarmid was spotted in Saskatoon at a hospital late Thursday night, and they believe he may be heading to BC.

RCMP Sgt. Line Karpish says police aren't releasing information about what McDiarmid was doing at the hospital in Saskatoon in order to protect the integrity of their investigation.

full details at: http://www.winnipegfreepress.com/ca...askatoon-hospital-two-days-ago-129191573.html

 

[Crosby87]

While his note makes him sound like a suicide in the works, IMO this guy is ballsy (sp??) and conniving, so it could just be a red-herring. I'm going to hazard a guess he will in fact head west to BC. Nights are getting colder, and with winter around the corner, the prairie and eastern provinces won't be very accommodating, but ... BC will still be mild enough for someone to live outdoors throughout the fall and probably into the early part of winter. Gives him time to make plans as to what to do next.

JMO

If McD didn't slip across the US-Canada border, he'll be in BC.

If McD fled from the Interlake region Thursday, drove south to Winnipeg and through Saskatchewan, Alberta and into BC where he was suspected to be going from the get go, he travelled west along the Trans Canada Highway. I have no idea how many times McD would have to stop to refuel the vehicle he stole, but his picture is on the front page of all the newspapers and the fact a warrant issued for his arrest on a second degree murder by the RCMP is being announced on national and local news channels. Maybe McD withdrew all his cash so he didn't have to use an ATM machine during his trip. The license plate on the truck hasn't been released and IMO the RCMP should have shown the public a picture of the truck he is driving since no one is going to be able to see inside the truck and identify him.

McD was seen at the hospital in Saskatoon, SK around 11:30 p.m. and although why he was there remains confidential, because he was released it mustn't have been for a very serious condition IMO. If he hadn't stopped at the hospital, police wouldn't have been able to verify where he was which would have made McD's escape much easier and less stressful.

Earlier that day, at 1 am, McD called an ex-roomate who lives in Fisher Branch and his roommate said “He sounded like a normal person, normal Russell. He was a drifter, he wasn't going anywhere." Sgt Line Karpish said, "Right now I suppose there is some level of desperation on his part. Clearly he is facing some very serious charges."

Police admitted they lost track of McD after he contacted them regarding the alert they issued and it isn't clear where McD was when he placed the call at 1 am to Didak. There are three hospitals in Saskatoon: St. Paul’s Hospital, Royal University Hospital, Saskatoon City Hospital and in order to receive medical treatment, McD first had to either pay cash or present his medical card. Because McD resided in Manitoba for over a year, he should have presented the clerk a MB medical card which would have Fisher Branch listed as his permanent address written below his name as well as his date of birth.

http://www.winnipegsun.com/2011/09/03/murder-suspect-spotted-at-sk-hospital

 

[Sillybilly]

If he has access to the media, he must know by now that everyone thinks he's headed for BC. I don't want to give too much credit to this guy in the "smarts department", but ... am wondering if the gifting of the rifle, the note, the phone call to his friend, and the visit to the Saskatoon hospital might be to throw LE off his trail. Seems he wanted his whereabouts to be documented.

Given he's reasonably adept at stealing vehicles, it wouldn't surprise me if he's already found another one by now.

 

[Sillybilly]

Nancy's memorial service to be held Monday

from:
http://www.winnipegfreepress.com/breakingnews/Memorial-planned-for-slain-woman-129220703.html

... As the search for her suspected killer continues, preparations for Nancy Swenty’s memorial service are underway.

A celebration of her life will take place Monday at 1 p.m. at the Fisher Branch community hall.

...

In lieu of flowers, Swenty's family is requesting donations to the Humane Society, Fisher Branch Fire Department or Manitoba Crime Stoppers.

Now I can't stop crying, in sadness and anger. This is all so unfair .. that a family and community who loved this beautiful young woman have to gather in their grief, while a cowardly who (allegedly ) took that life away is running for his freedom.

You can't run forever McDiarmid, and they WILL GET YOU !! Come back and face the music like a man.

 

[Crosby87]

Mounties/RCMP say fugitive suspected killer headed to B.C.

<snipped>

McDiarmid is originally from Tulameen, B.C., located about 100 kilometres southwest of Kelowna, but has been a resident of Fisher Branch, MB for most of his adult life.

"He has family all over B.C., and people in desperation tend to want to be around family," RCMP Sgt. Line Karpish said.

The news chilled Dudek, who said McDiarmid left him a rifle and a note inside his pickup truck, which is an older model and same colour of the truck McDiarmid is accused of stealing.

Dudek received a call from McDiarmid at 1 a.m. on Thursday, telling him he had left something for him in the damaged pickup truck outside a farmhouse in Fraserwood, where the two men once lived together. He found a rifle and ammunition along with a note saying the items were payment for money he loaned McDiarmid seven months ago.

"(The note) also said he didn&#8217;t kill anyone and there was no way he was going to spend the rest of his life in jail," Dudek said, adding McDiarmid admitted to seeing Swenty&#8217;s truck in town, but the battery was dead. It was discovered in the area on July 31.

"I also remember the note said &#8217;Me and my shotgun are out of here,&#8217; " Dudek recalled.

Full story at: http://www.canada.com/news/Fugitive+suspected+killer+headed+RCMP/5352691/story.html

 

[Crosby87]

As far as I know, the RCMP have a duty to make a person aware of their legal rights when they are brought in for questioning which includes a right to remain silent without an attorney present.

I wonder if the RCMP did in fact read McD his rights when he came in to speak to them about the Swenty case and whether McD agreed to give up his rights and divulge information about the Swenty case without a lawyer present?

 

[Crosby87]

If he has access to the media, he must know by now that everyone thinks he's headed for BC. I don't want to give too much credit to this guy in the "smarts department", but ... am wondering if the gifting of the rifle, the note, the phone call to his friend, and the visit to the Saskatoon hospital might be to throw LE off his trail. Seems he wanted his whereabouts to be documented.

Given he's reasonably adept at stealing vehicles, it wouldn't surprise me if he's already found another one by now.

IMO if McD had exchanged vehicles the owner would have reported it to the Police.

 

[Sillybilly]

As far as I know, the RCMP have a duty to make a person aware of their legal rights when they are brought in for questioning which includes a right to remain silent without an attorney present.

I wonder if the RCMP did in fact read McD his rights when he came in to speak to them about the Swenty case and whether McD agreed to give up his rights and divulge information about the Swenty case without a lawyer present?

McD would not have been read his rights because he was not placed under arrest. LE can do initial questioning without reading anyone their rights (i.e. traffic stop ... "where ya been" "where ya going" or someone who might be a witness to a crime, etc.) They only have to read an individual their rights after they are placed under arrest and before further questioning.

 

[Sillybilly]

Interesting ..

excerpt from:

http://www.theprovince.com/news/Fugitive+suspected+killer+headed+RCMP/5352691/story.html

The RCMP remain tight-lipped as to why McDiarmid was at the hospital, but a former roommate of the 51-year-old man confirmed he has a medical condition.

"I&#8217;m not sure entirely what it is, but I know he stopped taking his medication at one point," said Mike Dudek, a resident of Fraserwood, 95 kilometres north of Winnipeg, where Swenty&#8217;s truck was found four days after her disappearance on July 28.

ETA: Also in the above link:

"(The note) also said he didn&#8217;t kill anyone and there was no way he was going to spend the rest of his life in jail," Dudek said, adding McDiarmid admitted to seeing Swenty&#8217;s truck in town, but the battery was dead. It was discovered in the area on July 31.

<bbm>

Although McD knew Nancy was missing, i guess he didn't think to call LE when he spotted her vehicle? Oh, and seems he was actually in the vehicle to know that the battery was dead.

 

[Sillybilly]

IMO if McD had exchanged vehicles the owner would have reported it to the Police.

I dunno about that Bluesky ... between Saskatchewan, Alberta and BC, there would be hundreds of vehicles stolen everyday. Even though the owners would report them, LE would be hard-pressed to know which one(s) might have been taken by McDiarmid unless there was evidence to indicate he was involved. IF the 2006 Ranger is found abandoned, they can be sure he has another stolen vehicle, but as to which one it is??

JMO

 

[Crosby87]

A memorial service is being held today for Nancy Joy Swenty in Fisher Branch MB.
who will be remembered as a lover of animals. Her family is asking that instead of flowers, donations be made to the Humane Society, the local fire department or Manitoba Crime Stoppers.

New information released today in article published in the Globe and Mail.

- McD claimed in his note to his former boss, &#8220;I never did what people think I did. I did have her truck. I found it on the side of the road&#8221;. Mr. McDiarmid was formerly employed as a roofer by Mr. Dudek.

- Mounties issued a public alert to which Mr. McDiarmid responded. He told them he didn&#8217;t know anything about Ms. Swenty&#8217;s whereabouts. &#8220;We did speak to him and he walked out the door,&#8221; Sgt. Karpish said. - People who knew the pair said Ms. Swenty was friends with one of Mr. McDiarmid&#8217;s former girlfriends. Ms. Swenty lived alone and had a boyfriend.

- Ms. Swenty worked at the Fisher Branch Co-op, where she worked during high school and then had been employed full-time for the past 15 years.

- Alberta RCMP Sergeant Tim Taniguchi said manhunts usually involve detailed background checks, bank and credit-card searches, interviews with all known associates, friends and relatives. The RCMP has sent bulletins to police forces across the country. Officials at border crossings have also been notified.

- In light of news releases alerting the public that Mr. McDiarmid could be B.C. bound,
Mr. Dudek doubts his old friend would be headed that far West. &#8220;I&#8217;m sure he wouldn&#8217;t be stupid enough to keep going that way,&#8221; he said. Mr. Dudek&#8217;s father, Mike Sr., also knew Mr. McDiarmid and said the police might not have an easy time finding him.&#8220;This guy is a survivor. Anyone who knows him says that,&#8221; he said.

http://www.theglobeandmail.com/news...unition-and-note-in-his-truck/article2153514/

 

[Crosby87]

McD is innocent until proven guilty and the fact he has been implicated in Swenty&#8217;s homicide without having legal representation is why he took off.

McD admits he had Swenty&#8217;s vehicle but didn&#8217;t kill her so what evidence did the police present to the Judge who issued a warrant for McD&#8217;s arrest? Police can't arrest someone on mere suspicion, or just to help with an investigation and realistically samples may not have even been forwarded to forensic experts for analysis yet. At this point it is doubtful investigators have a sample of McD&#8217;s DNA for comparison.

After reading the information posted on criminal law procedures, it looks like the police should have been issued a summons before they issued a warrant for his arrest.

A summons, usually delivered personally by a police officer, sets out what the charge is, and when the person must appear in court to answer the charge. If the offence charged is one that can be proceeded with by indictment, the person may also be told to go to the police station for finger-printing. Failure to show up for finger-printing can lead to a warrant for arrest being issued.

http://www.canadianlawsite.ca/manitoba-criminal-lawyers.htm

 

[Sillybilly]

McD is innocent until proven guilty and the fact he has been implicated in Swenty&#8217;s homicide without having legal representation is why he took off.

McD admits he had Swenty&#8217;s vehicle but didn&#8217;t kill her so what evidence did the police present to the Judge who issued a warrant for McD&#8217;s arrest? Police can't arrest someone on mere suspicion, or just to help with an investigation and realistically samples may not have even been forwarded to forensic experts for analysis yet. At this point it is doubtful investigators have a sample of McD&#8217;s DNA for comparison.

After reading the information posted on criminal law procedures, it looks like the police should have been issued a summons before they issued a warrant for his arrest.

A summons, usually delivered personally by a police officer, sets out what the charge is, and when the person must appear in court to answer the charge. If the offence charged is one that can be proceeded with by indictment, the person may also be told to go to the police station for finger-printing. Failure to show up for finger-printing can lead to a warrant for arrest being issued.

http://www.canadianlawsite.ca/manitoba-criminal-lawyers.htm

From the link you provided, those same procedures set out:

Complaint is Sworn
The police swear a complaint and present it to a judge. If the judge feels the person should be made to come and answer the accusation that has been made the judge will issue either a summons, or a warrant for arrest.

<bbm>

Can't deliver a summons to someone whose whereabouts are unknown. They got a Canada-wide warrant because he evaded justice by taking off before they could make an arrest. It appears he anticipated an arrest, but instead of seeking legal representation, he fled. This can infer consciousness of guilt, but can also be interpreted as fear of being unjustly accused.

ETA: As for what evidence LE presented that resulted in a warrant being issued, doesn't necessarily have to be forensic evidence. Could be that McD sold them a bunch of BS that they subsequently discovered were a pack of lies (i.e. during questioning said he never saw Swenty or her vehicle vs his goodbye note saying he saw her vehicle but the battery was dead)

 

[Sillybilly]

I am wondering if Nancy's vehicle was discovered in Fraserwood on July 31 by happenstance, or as a result of McD telling LE he had seen it on the side of the road. Strangely coincidental that the one guy LE was seeking in Nancy's disappearance just happens to be the same guy that saw her vehicle on the side of the road in his travels.

Although McD's whereabouts became unknown after he attended initial questioning, no warrant was issued after the truck was found, but WAS issued after the abandoned house in Fraserwood was searched. As there wasn't anything really incriminating in his note, it seems possible that the warrant may have been issued based on evidence found at that location.

JMO

 

[Crosby87]

Slain Manitoba Woman Remembered

http://www.cbc.ca/news/canada/manitoba/story/2011/09/05/mb-swenty-memorial.html


Memorial Held for Murder Victim (includes a photo of Nancy)

http://winnipeg.ctv.ca/servlet/an/l...nty_funeral_110904/20110905/?hub=WinnipegHome

 

[Crosby87]

The article titled, "Memorial Held for Murder Victim" said "It's expected the family will hold a private funeral for Swenty at a later date" so perhaps this means Swenty's body is being held for forensic purposes?

 

[Crosby87]

Although Police said they have alerted the US/CA border patrols that a Canada wide warrant has been issued for McD&#8217;s arrest, 2 obstacles prevent him from entering the US legally:
1. McD is driving stolen vehicles, and
2. He requires a valid Canadian passport.

If McD wants to leave Canada, he will have to find a way to slip across the Border.
I don&#8217;t know why McD would choose to go to the States but somehow many fugitives find a way to sneak across.