Nearly seven years after the death of Derek Descoteau in Chemainus, the man who previously pleaded guilty to killing him has been found not criminally responsible by reason of mental disorder.

The determination on Colin John was announced by Justice Lisa Warren in BC Supreme Court Tuesday in Duncan after a statement that took 2 1/2 hours to read, explaining all aspects of the decision.

There was an angry response from the crowd in the courtroom at the end. Many of those gathered to hear the decision immediately stormed out when the decision became known.

sa国际传媒淲esa国际传媒檙e really upset,sa国际传媒� said Descoteausa国际传媒檚 mother Brenda Smith. sa国际传媒淭his is not the outcome we wanted. Today, we wanted justice.sa国际传媒�

sa国际传媒淚 think the judge summarized it at the end of her decision,sa国际传媒� said Scott Sheets, the lead of Johnsa国际传媒檚 defence team. sa国际传媒淚t was a difficult decision and for the family to watch.sa国际传媒�

Warren was brought to tears herself in acknowledging Janelle Guyatt, who was also stabbed by John but survived the attack, along with friends and Descoteau family members who were in the courtroom have endured difficult proceedings over the years.

Her decision, she said, is a legal one and sa国际传媒淚 am very sorry for your loss.sa国际传媒�

Descoteau and Guyatt family members feared all along this might be the outcome. sa国际传媒淵ou can prepare all you want for it, but when it happens itsa国际传媒檚 like a freight train,sa国际传媒� said Kristina Tkachuk, Descoteausa国际传媒檚 aunt.

The Descoteaus and Guyatts issued a prepared statement in the eventuality John would be found not criminally responsible. It was a bitter pill for them to swallow.

sa国际传媒淭his is not closure for our families,sa国际传媒� read the statement. sa国际传媒淚tsa国际传媒檚 just the beginning of Round Two. We have held steadfast for seven long years and we will continue for another seven years if we have to to get the closure we all need.sa国际传媒�

Smith said they will be approaching Crown Counsel next week to see about a new trial.

sa国际传媒淲esa国际传媒檙e not going to give up,sa国际传媒� vowed Alivia Pike, a friend of Descoteau.

The murder in May of 2016 shocked Chemainus.

Descoteau was at his fathersa国际传媒檚 place along with girlfriend Guyatt when John came to the basement suite entrance and started stabbing. He had initially attempted to shoot Descoteau, but the gun didnsa国际传媒檛 discharge and he used a knife instead.

sa国际传媒淢r. John admits he killed Mr. Descoteau and that he intended to do so,sa国际传媒� noted Warren.

Descoteau, 20 at the time, eventually collapsed in the front yard and later died of his injuries. Guyatt endured numerous stab wounds that required several surgeries over the years.

Johnsa国际传媒檚 mental state in the time leading up to the attack, during the attack and since then have been the central issue in the lengthy process of psychiatric assessments. Warren relied heavily on the testimonies of Dr. Andrew Kolchak and Dr. Santoch Rai in making her determinations.

sa国际传媒淢r. Johnsa国际传媒檚 response was irrational,sa国际传媒� she concluded. sa国际传媒淗is claim that he didnsa国际传媒檛 think what he did is wrong is also irrational.

sa国际传媒淣o reality-based motive arises out of the evidence,sa国际传媒� she added.

In conclusion, Warren noted the mental disorder sa国际传媒渞endered him incapable of knowing that he was doing was wrong.sa国际传媒�

John has spent time at the Vancouver Island Regional Correctional Centre and primarily at the Forensic Psychiatric Hospital in Coquitlam over the years. He will remain at FPH, Warren pointed out, for an indeterminate time.

Johnsa国际传媒檚 case before the courts has bogged down many times to determine mental fitness and then was extended during the early COVID period.

On Nov. 30, 2021, he decided to plead guilty in a Victoria courtroom to the second degree murder of Descoteau and a reduced charge of aggravated assault from attempted murder against Guyatt.

sa国际传媒淚 then ordered a pre-sentence report with a psychiatric component,sa国际传媒� explained Warren.

The defence made an application that John was suffering from a mental disorder in May of last year and a hearing commenced in October that went into the early part of 2023 before Warren made her final findings public Tuesday.

The Descoteau and Guyatt families contend sa国际传媒渟tatements and interviews of witnesses, the killersa国际传媒檚 family, as well as members of the community he lived in, were not as expansive as they should have been to get the true understanding of Colin Johnsa国际传媒檚 desire to kill.sa国际传媒�

The families feel the five-minute stabbing spree that has cost taxpayers millions of dollars and cost the victims personally should create outrage among the public.

sa国际传媒淗ow many more families have to go through this pain before we the people demand the laws change?sa国际传媒� they challenged.

don.bodger@chemainusvalleycourier.ca
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