Cody Allen Pelletier is set to appear in court on Aug. 16, but only for breaching release. 

Pelletier, 37, was arrested and charged on May 4, 2022, the day after a man walked into the Penticton Regional Hospital's emergency department with a stab wound. 

The man had, according to an RCMP release at the time, provided both a description and name for his alleged attacker. 

On June 10, 2024, Crown prosecutors stayed the charge of aggravated assault after additional information came to light. 

"After reviewing this information and the rest of the file materials, the prosecutor concluded the charge approval standard could no longer be met," said Damienne Darby, Communications Counsel for the BC Prosecution Service. 

The standard looks at whether there is a substantial likelihood of conviction first, and if so, then whether there is a public interest in pursuing prosecution.

However, on April 11 Pelletier was charged with allegedly breaching his release order. That charge is still going forward to trial on Aug. 16. 

Pelletier has a lengthy criminal history, including being convicted of manslaughter following the death of 14-year-old Justin Vasey in 2008. Along with three others, Pelletier had attacked the developmentally delayed teen at an abandoned house in Surrey.