The man accused of murdering his estranged wife Bailey McCourt in a Kelowna parking lot last week had been convicted of choking someone and uttering threats just hours before the attack that also left a second woman seriously hurt.
The BC Prosecution Service says James Plover was originally charged in June 2024 in a case involving intimate partner violence, before being released on $500 bail and subject to what it says were 鈥渆xtensive protective conditions.鈥
James Plover was then charged with two more counts of uttering threats, the original case was stayed, and he was convicted last week in the new case that folded in the previous charges, with the victims鈥 identities protected by a publication ban.
Bailey Plover鈥檚 uncle, Morey Maslak, says she had been estranged from James Plover since last year, and she was a 鈥渓oving, devoted mother鈥 with a great sense of humour and a carefree happy-go-lucky nature.
Maslak says her death was the result of a 鈥渉einous鈥 act that has left her family and friends 鈥渉urting very, very badly.鈥
He says her father, Shane McCourt, is 鈥渘ot well鈥 after his daughter鈥檚 death, and the family is now started along the 鈥渄ifficult path鈥 of providing her young children with love and stability.
Police in Kelowna said James Plover was charged with second-degree murder as a result of what it called a 鈥渉ighly visible and tragic event.鈥
Maslak said the family was working with investigators, and amid their grief they are grateful and thankful to the many witnesses who came forward about the assault, leading to the arrest.
James and Bailey Plover were involved in family law litigation, online court records show, and their file was last updated just over a week before she was killed.
The young mother鈥檚 social media accounts are under her maiden name, Bailey McCourt, and her Instagram profile calls her a 鈥渕ama of two,鈥 a 鈥渟ports addict鈥 and a 鈥渄omestic abuse survivor.鈥
Maslak said the family was aware of 鈥渋ncidents previously鈥 between the estranged couple.
鈥淚n hindsight, maybe not to the extent of her concerns, and that鈥檚 something that we鈥檙e going to need to work through and deal with for the rest of our lives,鈥 he said.
News of the attack that police originally described as 鈥渁 motor vehicle incident and subsequent assault鈥 spread quickly in the community.
Local real estate agent Justin Wyllie said his girlfriend knew Bailey McCourt, and he knows people who worked with her at a local real estate brokerage.
He has been sharing an open letter addressed to Kelowna member of Parliament Stephen Fuhr.
The letter to Fuhr, the Liberal MP, says Bailey McCourt is 鈥渙ne more name on a growing list of Canadians failed by a legal system that has become dangerously lenient.鈥
鈥淲e鈥檙e all beside ourselves to see something like this happen in our community,鈥 Wyllie said in an interview. 鈥淭here should be shame. The government should feel shame, the court system should feel shame. And we need to step up as a country and say No to this.鈥
Justice reform and anti-violence advocate Cait Alexander said hearing of Bailey McCourt鈥檚 killing was 鈥渃hilling鈥 because of commonalities faced by victims of domestic violence in Canada when abusers are let out on bail.
鈥淚t鈥檚 chilling because this is a direct result of bad policy. Bailey should be alive,鈥 Alexander said.
She said her ex-partner was also let out on $500 bail in 2021 after he allegedly tried to kill her, and she moved to the United States out of fear of encountering him in Toronto.
Alexander鈥檚 organization, End Violence Everywhere, is urging Canadian policy makers to implement meaningful bail reforms to protect survivors of intimate partner violence and sexual assault.
鈥淪urvivors of intimate partner violence, sexual assault, and other violent crimes continue to be retraumatized by a bail system that too often prioritizes offender freedom over victim safety,鈥 End Violence Everywhere said in a statement issued July 4.
Maslak said his niece鈥檚 death was 鈥渢raumatic鈥 and affected many people and 鈥渋f there鈥檚 anything that can come from this, you know, how many more times is this story, or a similar nature, going to play out before we鈥檙e able to look at our judicial processes and understand how we can support people?鈥
鈥淥bviously our family is struggling to try and make sense of any of this,鈥 Maslak said. 鈥淪he was a loving, devoted mother, a beautiful daughter, granddaughter, sister, cousin and friend and that鈥檚 how we鈥檒l remember her.鈥
Kelowna RCMP said it鈥檚 holding a 鈥渃ommunity outreach event鈥 on July 10 after the 鈥渢ragic death鈥 last week, the same day James Plover is due in a Kelowna courtroom on the second-degree murder charge.
鈥淲e understand that this event has caused significant concerns to the community and people may have questions about their safety and the incidents that they either witnessed or were involved in,鈥 said Cpl. Allison Konsmo in a statement.
鈥淭his is a time for residents, community members and the public to come together, voice their concerns, ask questions and connect with resources.鈥
James Plover made his first appearance in court Thursday morning, via video conference from the Okanagan Correctional Centre in Oliver. More than 100 people attended the routine appearance which has been held over until Sept. 16. Plover remains in custody.
The murder has 鈥渓aid bare deep failures in B.C.鈥檚 justice system,鈥 say the BC Conservatives.
鈥淏ailey鈥檚 estranged partner was released under existing bail conditions, then allegedly killed her and seriously injured another woman,鈥 the provincial Conservatives said in a news release.
鈥淭his was preventable. Bailey did everything right. She filed charges. She posted publicly about her fear. And still, despite convictions for choking and threatening her, he was allowed to walk free,鈥 said Kelowna Centre MLA Kristina Loewen in the release. 鈥淭hat is a catastrophic failure of justice.鈥
MLA Elenore Sturko, critic for public safety, is calling for a full coroner鈥檚 inquest.
鈥淚t鈥檚 horrific and unforgivable. This man had just been convicted of choking and threatening a woman and was still allowed to walk free. The system failed at every level, and that failure ended in a brutal, preventable murder,鈥 Sturko said.
鈥淜elowna isn鈥檛 just grieving, we鈥檙e furious,鈥 said Loewen. 鈥淭his happened in broad daylight, after the system had every chance to intervene. Bailey鈥檚 daughters will now grow up without their mother because our justice system chose delay and denial over protection.鈥