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Acquitted of break-in, despite DNA at crime scene

A man whose DNA was found on a piece of a rubber glove left behind at an Abbotsford break-in has been acquitted of involvement in the crime.

Judge Kenneth Skilnick, ruling Friday in Abbotsford provincial court, said he could not find Barry James McQuarrie, 33, guilty beyond a reasonable doubt, because the DNA of a second unidentified person was also found on the glove.

" … the evidence presented allows for the possibility that it was the person who provided the unknown DNA profile who was wearing the blue latex glove when the offence took place," Skilnick said.

The break-in took place between Sept. 1 and 6, 2011 at a rural property in west Abbotsford.

The homeowners had left for a vacation on Sept. 1, and the house's security system was turned off at the time of the break-in.

The incident wasn't discovered until Sept. 6, when one of the vehicles from the property was located by the Langley RCMP.

They contacted the homeowner, who then had his brother go to the property.

The culprits had entered the home by throwing a rock through a window.

Every room in the house had been ransacked, and items missing included two newer model vehicles, an all-terrain vehicle, and a significant amount of jewelry and electronics. The total value was estimated at $118,000.

Investigators believed that multiple people were involved.

Among the items located by officers from the Abbotsford Police Department's forensic identification section was a piece of black electrician's tape on the floor of the living room.

The tape had a piece of blue rubber attached to it, and an analysis of the item turned up the DNA of two people, including McQuarrie. No match was made on the other person's DNA.

At trial, McQuarrie said that at the time in question, he had a drug addiction and was working for a criminal organization that sold drugs.

He testified that every night he would work from a rented house in Aldergrove where he sold drugs as part of a dial-a-dope operation.

As part of his duties, he packaged the drugs and wore latex gloves to avoid absorbing methamphetamine on his hands and contaminating the other items.

McQuarrie testified that he changed gloves for each different drug that he packaged and would leave the used set on the table.

"I possibly gave them to someone," McQuarrie testfied about the gloves related to the break-in.

Although Skilnick said there was "considerable reason" to doubt McQuarrie's testimony, he said there was no other evidence, besides the glove, to connect him to the crime scene, and he couldn't find him guilty beyond a reasonable doubt.

 

 

 

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