A Nanaimo Supreme Court justice has denied bail for Derian Tate, the man accused of murder in the shooting death of Patrick Charleson IV last September in Nitinaht.
The judge heard arguments from both the Crown counsel and defence attorneys on April 15, and summarized information both for and against granting bail. Due to a publication ban, those details cannot be shared.
What it boiled down to was the severity of the crime Mr. Tate is accused of and the responsibility of the justice system to keep the community safe.
“It was good to see the judge make the only logical decision today – to keep the accused behind bars. Public safety has to be the top priority,” said Hesquiaht Chief Councillor Mariah Charleson, who has been a steadfast supporter of Patrick ‘Man’ Charleson III, father of the slain Patrick Charleson IV, and his family.
“We went into this day with uncertainty,” said Tina Joseph, stepmother of Patrick Charleson IV. “There’s always the chance (bail would be granted)…we want to have faith in the justice system.”
Family members from both the accused and victims’ family were in attendance at Nanaimo Law Courts on April 16 to hear the justice’s decision. One side was relieved while quiet sobs were heard from the other. Both sides gathered in the hall in two groups, hugging one another.
Mariah Charleson believes that it’s important to keep someone charged with first-degree murder behind bars – especially considering that the Nuu-chah-nulth Tribal Council is still under a state of emergency due to the overdose crisis.
“Not only will this uphold the public’s trust in the justice system, but it will also assist in upholding the integrity of the pre-trial we await. We cannot forget that the nations making up the NTC continue to be in a state of emergency. I am relieved to see the accused denied bail today,” she said.
“I was stressed to the point of…I don’t know, but after hearing the decision I feel relieved that me and my family won’t be bumping into him,” said grieving father Patrick Charleson III.
The judge ordered that Mr. Tate shall remain in custody. The preliminary hearings are expected to take place later this year.
