Richard Kachkar found not criminally responsible

[diggler649]

Wow.

How many times has this happened in Canada?

A mentally ill man who ran barefoot in the snow and stole a snowplow to go on a two-hour rampage, killing a Toronto police officer, has been foundnot criminally responsible.

The jury of six men and six women, which began deliberations Monday afternoon, found Richard Kachkar, 46, not criminally responsible Sgt. Ryan Russell’s death by way of mental illness early this afternoon.

Russell’s widow, Christine, sat in the front row beside Glenn, his father. She hung her head before and after the verdict.

Both Crown and defence had agreed Kachkar drove through the city core, smashing into cars, shattering the glass doors of a Maserati dealership and hitting Russell with the snowplow on Avenue Rd. early on a snowy Jan. 12, 2011.

Defence lawyers Bob Richardson and Indira Stewart tried to prove that, on the legally required “balance of probabilities,” Kachkar was not criminally responsible due to his mental illness.


For their part, Crown prosecutors Christine McGoey and Jessica Smith Joy argued although he was mentally ill, Kachkar knew what he was doing was wrong and was therefore guilty of murder. Further, because he knew the uniformed Russell was a police officer, Kachkar is guilty of first-degree murder, they said.
They argued he deliberately drove the snowplow at Russell to kill him or cause enough injuries that death would likely result.

Alternatively, according to the Crown, Kachkar is guilty of murder because he drove at Russell in a dangerous manner to evade arrest and, although he may not have meant to kill him, foresaw the likelihood of Russell’s death.

The defence argued Kachkar showed classic signs of mental deterioration in the weeks before the homicide. He was living in a homeless shelter in St. Catharines, estranged from his wife and two children. He took a bus to Toronto and stayed with friends, raising their concern over his erratic behavior. He sought medical help from a Regent Park doctor for his mental torment the day before, they pointed out.

Richardson argued that if the jury found Kachkar was criminally responsible, it should only find him guilty of manslaughter, because he never intended to kill the officer.

The Crown argued, on the contrary, that although he showed signs of mental illness in December 2010 and January 2011, he was able to make rational decisions and plan for the future. His behavior during the two-hour snowplow joyride, in which he deftly manoeuvred the large truck and yelled at passersby, is consistent with a man seeking attention or a sense of power, McGoey said.

Throughout the trial, Kachkar has sat staring straight ahead impassively, scarcely appearing to watch the witnesses.

http://www.thestar.com/news/crime/20...low_death.html

[3foxes]

Ya i watched the video of that thing. I could only think, hey get out of the way! that guy is crazy! after he does a u-turn and then smush. Never underestimate crazy people folks, you never know what they can do. Those things are dangerous with plows mounted on the front.

[longitude]

The guy was completely crazy.

[diggler649]

Only in Canada can you eat people on a Greyhound bus or kill a cop with a snowplow and not go to prison. In both situations, cops had the opportunity to legitimately kill the perp.

[longitude]

Only in Canada can you eat people on a Greyhound bus or kill a cop with a snowplow and not go to prison. In both situations, cops had the opportunity to legitimately kill the perp.

And in the US too.

The joker will walk free in Colorado.

[Jimbobs]

Only in Canada can you eat people on a Greyhound bus or kill a cop with a snowplow and not go to prison. In both situations, cops had the opportunity to legitimately kill the perp.

Clearly, YOU have no idea. This type of law exists in most civilized countries and applies to all cases of mental illness. Why don't you try to understand the topics (mental illness, the law, etc.) instead of making ignorant and uneducated comments?

[diggler649]

Clearly, YOU have no idea. This type of law exists in most civilized countries and applies to all cases of mental illness. Why don't you try to understand the topics (mental illness, the law, etc.) instead of making ignorant and uneducated comments?

I do have an idea. If I were the cop, I would've put two in his chest and one between the eyes.

You sound like a bleeding heart.

[Exxxxx]

Wow, you guys are just *so* much more reliable than the psychologists that testified.

[diggler649]

Wow, you guys are just *so* much more reliable than the psychologists that testified.

5 posts. 3 of them are troll posts and two of them are just "."

Yep. I see what's happening now.

[Jimbobs]

I do have an idea. If I were the cop, I would've put two in his chest and one between the eyes.

You sound like a bleeding heart.

The cop tried that but missed. In fact, getting out of his cruiser was probably the reason he died. As for being a "bleeding heart", I am not: I'm just a bit more educated on these issues than you.

[Shaner]

Criminally responsible or not, this guy is a threat to society and I hope he's locked away somewhere for a long time. I don't care if it's jail or a secure hospital, just keep him locked away somewhere so that he can't hurt anyone else.

[diggler649]

The cop tried that but missed. In fact, getting out of his cruiser was probably the reason he died. As for being a "bleeding heart", I am not: I'm just a bit more educated on these issues than you.

I'm sure that makes Sgt Ryan Russell's wife feel much better. Mentally ill people will always be a danger to society. They should be locked up forever.

[neutral]

Only in Canada can you eat people on a Greyhound bus or kill a cop with a snowplow and not go to prison. In both situations, cops had the opportunity to legitimately kill the perp.

Of course they did. Who is denying that an officer would have the right to defend himself? If someone is mentally ill, they are not criminally responsible. That doesn't mean they should be, or will be free to roam the streets.

[Jimbobs]

Mentally ill people will always be a danger to society. They should be locked up forever.

OK, that's a point of view. Not one that I agree with, but anyway. A couple of questions:

1. who decides somebody is mentally ill? Is it the police, the judge, a jury or a doctor or a combination of these?
2. if we all agree that somebody is mentally ill and should be locked up forever, where would we put them and who is going to pay for that?

In this case, it was doctors who stated he was not criminally responsible, and the judge and jury believed those doctors. In other words, he was ill at the time of the incident. What will happen as a result? He will be locked up in a secure facility until more doctors decide he should get out usually under very specific conditions.

This man has been given a life sentence - just not in a prison.

[diggler649]

Of course they did. Who is denying that an officer would have the right to defend himself? If someone is mentally ill, they are not criminally responsible. That doesn't mean they should be, or will be free to roam the streets.

Read up on the latest news about the Greyhound dude. He's already allowed supervised walks outside the mental institution. According to his doctor, he is making great progress. He even realizes what he did was wrong. Sounds like he may be able to roam the streets again. You really want someone like that to be reintegrated into society again? What happens if he stops taking his meds and mistakens some Asian guy for a giant sized alien Twinkie and cuts his face off?