More delays in Kelowna woman’s 2021 murder trial

The murder trial for a Kelowna woman has been delayed once again. Gabriella Sears, a transgender woman, is facing charges of second-degree murder and interference with human remains in the June 2021 death of Darren Middleton. The court previously heard during proceedings in 2023 that Middleton was found dead on the bathroom floor in Sears’ home on Sycamore Road in Kelowna. Throughout past proceedings, the crime scene has been described as “horrifying,” as Middleton’s body had been beaten and his genitals mutilated with a knife, according to forensic evidence. Following Sears’ arrest, she confessed to police that she had killed Middleton. After a voir dire, however, the judge ruled the confessions may not be used as evidence in the trial on the grounds that Sears’ rights were violated by police. The trial has faced various delays with Sears’ unexpectedly firing her defence lawyers mid-trial in December 2023. Then, in June 2024, her new counsel filed an application to withdraw from the case, making them the third set of lawyers to represent Sears in the trial. In response to the unusual decision, Justice Carol Ross ordered that Sears undergo a month-long psychiatric assessment. After it was determined that Sears was fit to stand trial, defence lawyer Mark Swartz was assigned to the case. Shortly after taking over the case, a management hearing was held, and Swartz told the court that he would no longer be representing Sears due to a conflict. Defence counsel Frances Mahon was then appointed to represent Sears, but has since also withdrawn. The trial was set to start on Oct. 28, but after about an hour of discussions, the case was adjourned. A hearing on a voir dire is scheduled to take place next week, while the trial isn’t expected to move forward until Dec. 8. Sears has remained in custody since the time of her arrest. The case is subject to publication bans.

The murder trial for a Kelowna woman has been delayed once again.

Gabriella Sears, a transgender woman, is facing charges of second-degree murder and interference with human remains in the June 2021 death of Darren Middleton.

The court previously heard during proceedings in 2023 that Middleton was found dead on the bathroom floor in Sears’ home on Sycamore Road in Kelowna. Throughout past proceedings, the crime scene has been described as “horrifying,” as Middleton’s body had been beaten and his genitals mutilated with a knife, according to forensic evidence.

Following Sears’ arrest, she confessed to police that she had killed Middleton. After a voir dire, however, the judge ruled the confessions may not be used as evidence in the trial on the grounds that Sears’ rights were violated by police.

The trial has faced various delays with Sears’ unexpectedly firing her defence lawyers mid-trial in December 2023.

Then, in June 2024, her new counsel filed an application to withdraw from the case, making them the third set of lawyers to represent Sears in the trial.

In response to the unusual decision, Justice Carol Ross ordered that Sears undergo a month-long psychiatric assessment. After it was determined that Sears was fit to stand trial, defence lawyer Mark Swartz was assigned to the case. Shortly after taking over the case, a management hearing was held, and Swartz told the court that he would no longer be representing Sears due to a conflict.

Defence counsel Frances Mahon was then appointed to represent Sears, but has since also withdrawn.

The trial was set to start on Oct. 28, but after about an hour of discussions, the case was adjourned. A hearing on a voir dire is scheduled to take place next week, while the trial isn’t expected to move forward until Dec. 8.

Sears has remained in custody since the time of her arrest.

The case is subject to publication bans.