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Man found not criminally responsible for killing at Nanaimo coffee shop

March 31, 2024
in Crimes
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Psychiatrists testified that James Turok was experiencing a psychotic episode through the assault and was incapable of figuring out what he was doing was unsuitable, mentioned Affiliate Chief Justice Heather Holmes

Printed Mar 27, 2024  •  Final up to date 3 days in the past  •  3 minute learn

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Eric Kutzner, 79, was killed in a random assault in a Nanaimo espresso store. Picture by Nanaimo RCMP /PNG

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A person who stabbed a 79-year-old man to demise in a random assault in a Nanaimo espresso store has been discovered not criminally accountable attributable to a psychological dysfunction.

On the morning of Feb. 12, 2022, James Carey Turok entered Buzz Espresso Home, the place Eric Kutzner was within the kitchen getting ready baked items. Kutzner, who typically helped out within the bakery owned by his daughter, had left the door unlocked in anticipation of employees arriving, and Turok let himself in.

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He stabbed Kutzner 12 occasions in his face, chest and again and stuffed a rag into his mouth, Affiliate Chief Justice Heather Holmes mentioned Wednesday in B.C. Supreme Court docket in Nanaimo, earlier than discovering Turok not criminally accountable for the act.

Workers members arrived round 8:45 a.m. and located the bakery door locked. They may see Kutzner’s blood-soaked legs and Turok strolling round dripping blood, Holmes mentioned.

Officers who responded to the decision discovered Turok hiding underneath a desk within the bakery’s workplace, subsequent to the kitchen. He resisted arrest and made “weird, typically incomprehensible statements” calling Kutzner a zombie.

Turok repeatedly gave statements within the speedy aftermath and in early courtroom appearances that he believed Kutzner was a zombie or a bag of pus and that he was not human, Holmes mentioned. He additionally demanded to be charged with treason at one level for posts he made criticizing Queen Elizabeth.

Turok’s psychological well being historical past dates again a minimum of 12 years and contains hospitalizations and certification underneath the Psychological Well being Act, Holmes mentioned. He has been recognized with schizoaffective dysfunction bipolar kind and schizophrenia, she mentioned.

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Two psychiatrists testified that Turok was experiencing a psychotic episode through the assault and was incapable of appreciating that what he was doing was unsuitable, Holmes mentioned.

Whereas in police cells after the assault, Turok tried to contact Elon Musk for assist, “considering that he was Russian, that they have been related and that collectively they’d infinite potential,” Holmes mentioned.

Turok has a sample of going into remission whereas on anti-psychotic treatment and relapsing when he stops taking it, she mentioned. He had been off his treatment for almost a 12 months and a half when he killed Kutzner.

Turok has acknowledged he killed Kutzner within the “horrific method” described and requested the courtroom to seek out him not criminally accountable by motive of psychological dysfunction, she mentioned.

“I discover that his psychological dysfunction made him incapable of appreciating the character and high quality of his actions, as a result of his psychosis precipitated him to consider that Mr. Kutzner was not human. Underneath that delusional perception, Mr. Turok couldn’t respect that he was killing an individual,” Holmes mentioned.

The decision doesn’t imply Turok was discovered not responsible and doesn’t launch him from the management of the state, Holmes mentioned.

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She ordered that Turok, who has been in custody since his arrest shortly after the killing, be held on the Forensic Psychiatric Hospital in Coquitlam pending a disposition by the evaluation board.

Holmes mentioned she doesn’t need Kutzner’s household to really feel missed within the courtroom course of.

“I want to expressly acknowledge the terrible nature and circumstances of the mindless occasions towards Mr. Kutzner that introduced his life to an finish. And the appalling and, little question, lasting results the offence should have had on these near him,” she mentioned.

In an announcement after his demise, Kutzner’s household known as him a “vibrant member of society,” and a champion for the disabled in Creston and for seniors’ housing in Nanaimo.

In 2016, when he was dwelling in Creston, Kutzner acquired the Governor Common’s Caring Canadian Award for restoring a property that housed and employed individuals with developmental and bodily disabilities.

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