David Kuntz-Angel was convicted of numerous sex charges involving an underage girl. (Twitter/Brantford Expositor)

Mistrial declared in Chilliwack’s David Lee Roth impersonator underage sex case

David Kuntz-Angel convicted in August but BC Supreme Court Justice’s ‘mental faculties’ questioned

The B.C. Supreme Court has declared a mistrial in the case of Chilliwack’s David Lee Roth imposter convicted of the ongoing sexual interference of an underage girl.

Following his conviction after a 20-day trial in Chilliwack last summer, David Kuntz-Angel’s lawyer questioned the mental faculties of Justice Neill Brown who presided over the trial and handed down the guilty verdict.

• READ MORE: Chilliwack’s David Lee Roth impersonator applies for a mistrial in underage sex case

Prior to the sentencing hearing in the fall, the case was reassigned to Justice Dev Dley out of Kamloops pursuant to a section of the criminal code that states this can happen if a judge “dies or is for any reason unable to continue.”

Brown’s medical status is unclear, but at a hearing in B.C. Supreme Court in New Westminster on Jan. 22, 2020, the mistrial was declared and dates for a new trial were to be scheduled.

“[O]bservations throughout the course of the trial have raised, in my view, legitimate concerns about the mental faculties of Justice Brown and that they may have been impaired and they may have impaired his ability to preside over the trial,” Kuntz-Angel’s lawyer Chantal Paquette said at what was supposed to be his sentencing hearing on Nov. 18, 2019, three months after the conviction.

Crown counsel Michelle Wray called the application for a mistrial “very uncommon.” She said Crown had not made similar observations during the trial about Brown’s mental faculties, and Crown opposed the request for defence to access personal, medical information about the judge.

“I have some concerns this is an appeal masquerading as a mistrial application,” Wray said.

Kuntz-Angel faced 12 charges in total during the trial that involved his grooming the complainant from the age of eight to 19 when she complained to police. Justice Brown acquitted him of sexual exploitation, sexual assault, assault causing bodily harm, and one count of procuring. But he convicted Kuntz-Angel of the most serious charges.

Going by David Kuntz-Angel in the court system, the 54-year-old has too many aliases to list, not least of which is David Lee Roth, the former lead singer of American rock band Van Halen, whom he has pretended to be in numerous situations over the last 20 years from Ontario to Chilliwack.

Given a mistrial has now been declared, the entire proceedings need to be commenced again unless Crown decides to drop the charges based on the public interest, the mental faculties of the victim, and the time Kuntz-Angel has already served in pre-trial custody.

• READ MORE: Chilliwack’s David Lee Roth pretender convicted of sexual interference of underage girl

• READ MORE: Chilliwack man wanted for sex crimes dating back to 2006


Do you have something to add to this story, or something else we should report on? Email:
paul.henderson@theprogress.com

@PeeJayAitch
Like us on Facebook and follow us on Twitter.

BC Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

David Lee Roth (left) and the Chilliwack man who for years has impersonated him, David Kuntz-Angel (right). Kuntz-Angel was convicted of the most serious charges he faced involving sex with an underage girl in August 2019, but on Nov. 19, 2019 he applied for a mistrial. (Twitter/Brantford Expositor)

Just Posted

Sprinkler system extinguishes fire in industrial building in Chilliwack

Progress Way building had only minor fire, smoke and water damage thanks to sprinkler system

UPDATE: Suspect who once killed a man in jail was arrested in Chilliwack after truck fire

Jordan Cole Burt was taken into RCMP custody while wanted on an outstanding warrant

Two Abbotsford elementary schools record COVID-19 exposures, according to Fraser Health

‘Exposures’ defined as 1 positive case at school, ‘clusters’ as 2 or more, ‘outbreaks’ as widespread

UPDATE: Fatal collision Sunday leaves Chilliwack father and five children with minor injuries

Driver who T-boned family after running stop sign on McGuire Road died at the scene

Irish folk supergroup Kíla set to perform on Saturday

Online concert will be available through Harrison Festival Society

B.C. reports 96 new COVID-19 cases, one hospital outbreak

61 people in hospital as summer ends with election

‘Unprecedented’ coalition demands end to B.C. salmon farms

First Nations, commercial fishermen among group calling for action on Cohen recommendations

Earthquake off coast of Washington recorded at 4.1 magnitude

The quake was recorded at a depth of 10 kilometres

B.C.’s top doctor says she’s received abuse, death threats during COVID-19 response

Henry has become a national figure during her time leading B.C.’s response to the COVID-19 pandemic

BC Liberals must change gears from election cynicism, focus on the issues: UBC professors

COVID-19 response and recovery is likely to dominate platforms

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. could be without a new leader for multiple weeks after Election Day: officials

More than 20K mail-in voting packages were requested within a day of B.C. election being called

Dozens of Canadian venues to light up red in support of entertainment workers

Local facilities among dozens across Canada to participate in Light Up Live

Most Read