Man found ‘not criminally responsible’ for fatal stabbing at Nanaimo coffee shop
Mar 27, 2024
NANAIMO — A judge has ruled a man cannot be held criminally responsible for stabbing another man to death at a local coffee house in 2022.
The decision by BC Supreme Court Associate Justice Heather Holmes on Wednesday, March 27 means James Carey Turok, 32, will be held indefinitely at the BC Psychiatric Hospital in Coquitlam.
Holmes said during her ruling Wednesday, Turok is unable to fully appreciate the nature of his offence and moral wrongfulness.
“…His psychosis caused him to believe that Mr. Kutzner was not human,” justice Holmes told a packed courtroom gallery.
On Monday, March 25, Turok pleaded not guilty due to a mental disorder to the second-degree murder of 79-year-old Eric Kutzner at the since-closed Buzz Coffee House on Rutherford Rd.
Turok’s mental state prior to, during and after the Feb 12, 2022 incident was the focus of a two-day hearing this week to determine whether he was criminally responsible for his actions.
Expert independent forensic psychiatrists for both the Crown and defence featured opinions Turok didn’t understand the moral wrongfulness of his actions.
Nanaimo RCMP converged on Buzz Coffee House following the Feb, 2022 stabbing death of Eric Kutzner
Turok was found hiding under a desk upon his arrest, and then made a series of incoherent, bizarre statements to police.
After self-harming himself several times in cells at the Nanaimo RCMP detachment, hours after the stabbing, Turok was escorted to the Nanaimo hospital under the Mental Health Act.
Associate chief justice Holmes outlined how psychiatrists for the Crown and defence both determined Turok suffers from shizoaffective and bipolar disorders.
Turok was hospitalized in 2012, 2014, 2016 and 2020 under the Mental Health Act.
“But then followed by discontinuation of the medication and relapse or reemergence of psychotic symptoms within the following year,” the judge stated in reference to findings by the Crown expert Dr. Robert Lacroix.
Turok was not medicated for between one to two years leading up to the offence, court was told.
He also had a documented history of mental health challenges for at least 10 years prior to the murder.
Thousands of pages of medical records were referenced in piecing together his mental health history,
A court-ordered psychiatric assessment determined he was mentally fit enough to stand trial, which is a lower threshold compared to being criminally responsible for his actions.