No talk of custody when B.C. man was convicted of choking. Then, his ex-partner was killed.

Why was the man charged with the murder of Bailey McCourt not held behind bars after a domestic violence conviction hours before the brutal slaying?

When James Plover was convicted on July 4 of choking someone and uttering threats, in a rage that also saw him destroy a table with a machete, his defence lawyer and the prosecutor took no issue with delaying his sentencing for up to 10 weeks, pending a psychiatric report.

In the meantime, the former jail guard was to be released, and a recording of the hearing in a provincial court in Kelowna, B.C., suggests there was no discussion in light of his conviction of potential risks he posed out of custody — he had already been out on $500 bail, with conditions, ahead of his hearing.

Less than three hours after the court adjourned, police were called to a parking lot about four kilometres from the courthouse, where Plover’s estranged wife, Bailey McCourt, was gravely injured in an attack.

She later died and Plover has been charged with second-degree murder in the killing.

The identities of the victims in Plover’s previous case are the subject of a publication ban.

The death of McCourt in the parking lot attack that also seriously injured another woman has galvanized advocates for bail reform and better protection for victims of intimate partner violence. Protesters including McCourt’s mother rallied outside the Kelowna court complex last week on the day of Plover’s appearance on the murder charge.

In the recording of the July 4 hearing reviewed by The Canadian Press, provincial court judge David Ruse says Plover’s relationship with the choking victim had been deteriorating in June 2024 and was “described as terrible, tumultuous and stressful.”

Ruse said Plover and the victim became embroiled in a heated argument, and he choked the complainant as evidenced by neck bruising shown in photographs presented to the court.

Ruse said in his oral reasons for judgment that Plover denied making threats to kill anyone other than himself, and he attempted suicide after the violent altercation.

The judge said Plover at one point grabbed a machete and destroyed a dining room table and other items of “emotional value” to the complainant, and called his parents to whom he expressed “suicidal ideations.”

The judge said Plover’s mother attended the scene, and acted as an “intermediary” between him and police before he was arrested.

Ruse said Plover had testified that the choking incident was in “self-defence,” and he had been “mortified” by his actions to the point of wanting to take his own life.

The judge didn’t accept Plover’s evidence.

“This self-loathing for his own actions is inconsistent with his destruction of things that he knew were precious to the complainant,” Judge Ruse said. “These acts of destruction are consistent with anger directed at the complainant.”

Ruse said the complainant did exaggerate at times, including testifying that 30 police cars had responded to the scene, when the judge said there were about a dozen.

But the judge accepted the complainant’s evidence and found the Crown proved beyond a reasonable doubt that Plover had uttered threats that “were consistent with an intention to manipulate or control the complainant.”

The court hearing turned to a discussion of a pre-sentence report for Plover after Ruse’s reasons concluded, and defence lawyer Cory Armour said he and Crown prosecutor Catherine Rezansoff agreed that there would be “some benefit” to Plover undergoing a psychiatric assessment.

Rezansoff told the court of a potential weeks-long wait for the report due to a “backlog,” and Armour said there was no issue with delays of up to 10 weeks since his client had been convicted.

The court set Plover’s next court date for mid-September, and the hearing adjourned around 9:56 a.m.

Just before 1 p.m., Kelowna RCMP say they received a report about an assault with a weapon, in the attack on McCourt and the other woman. Plover was arrested and charged with second-degree murder the next day.

Lawyer Armour did not respond to a request for comment.

An online resume says Plover previously worked as a jail guard for the City of Kelowna and Penticton, and says he has an associate degree in criminal justice from Okanagan College.

The City of Kelowna and the Kelowna RCMP confirmed in emailed statements that Plover was employed by the Commissionaires, which was contracted by the city jail guard services.

“He worked as a cell guard at the Kelowna RCMP detachment between June 2017 and November 2018,” the city’s statement said.

The Commissionaires BC said in an emailed statement that Plover worked for them between 2016 and 2018 before resigning.

“During his time with us, Mr. Plover held an Enhanced Reliability Clearance, which is a federal-level clearance that requires extensive background investigations, including checks on character references, employment history, financial integrity, and criminal records,” the Commissionaires BC said in a statement.

“This level of clearance is only granted to individuals who meet rigorous credibility and trustworthiness standards, and it is monitored throughout the duration of employment.”

“We categorically condemn all forms of harassment, violence, and spousal abuse,” its statement said.

More recently Plover worked as a manager at a Kelowna Boston Pizza, including the night before the 2024 attack. The restaurant’s owners, who were listed as references on the resume, declined to comment on Plover’s time working there.

Plover’s resume lists one of his skills as “conflict management.”

This report by, Darryl Greer, The Canadian Press was first published July 15, 2025.