Murder charges raised to first degree

Charges against the B.C. man accused of killing 18-year-old Taylor Van Diest in Vernon have been raised to first-degree murder.

Investigators with the RCMP South-east District Major Crimes Unit and the B.C. Crown prosecutor's office said Thursday that charges against Matthew Foerster have been upgraded from second-degree murder.

Neither the police nor the Crown prosecutor provided information on why the charges were upgraded.

University of B.C. law professor Isabel Grant said several criteria can lead to a first-degree murder charge.

"The ones that strike me as likely relevant [in this case] ... are if the murder takes place during the course of a sexual assault, if the murder takes place during an enforceable confinement, and if the murder is planned and deliberate," said Grant. "Any of those would make it first degree," she said.

The big difference in first-degree and second-degree murder charges is in sentencing, noted Grant, whose research includes criminal law.

Both carry mandatory life sentences for convictions, but first-degree murder comes with no chance to apply for parole for 25 years, she said. In second-degree murder, the judge sets parole eligibility between 10 and 25 years.

Foerster, 26, was arrested April 5 in the high-profile killing of Van Diest, who was attacked while out on Halloween in her hometown of Arm-strong, situated just north of Vernon.

Van Diest was found beaten and unconscious near the railway tracks in Armstrong and later died in hospital of head injuries.

Foerster's father, Stephen Roy Foer-ster, was charged with obstruction of justice and accessory after the fact.

Matthew Foerster, originally of Cherryville, which is 50 kilometres east of Vernon, was arrested in Ontario. He has also been charged in two other unsolved crimes involving attacks on women in the B.C. Interior.

The RCMP continues to say they would like to hear from anyone who has not already spoken to investigators with information on any contact they had with Matthew Forester on Halloween night 2011.

Foerster has been returned to B.C. His next court appearance is scheduled via video link for May 10.

ghoekstra@vancouversun.com

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