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Anger grips B.C. courtroom after man found not responsible in 2016 slashing death

Judge rules Colin John not criminally responsible in Chemainus knifing of Derek Descoteau

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.

B次元官网网址淲eB次元官网网址檙e really upset,B次元官网网址 said DescoteauB次元官网网址檚 mother Brenda Smith. B次元官网网址淭his is not the outcome we wanted. Today, we wanted justice.B次元官网网址

B次元官网网址淚 think the judge summarized it at the end of her decision,B次元官网网址 said Scott Sheets, the lead of JohnB次元官网网址檚 defence team. B次元官网网址淚t was a difficult decision and for the family to watch.B次元官网网址

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 B次元官网网址淚 am very sorry for your loss.B次元官网网址

Descoteau and Guyatt family members feared all along this might be the outcome. B次元官网网址淵ou can prepare all you want for it, but when it happens itB次元官网网址檚 like a freight train,B次元官网网址 said Kristina Tkachuk, DescoteauB次元官网网址檚 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.

B次元官网网址淭his is not closure for our families,B次元官网网址 read the statement. B次元官网网址淚tB次元官网网址檚 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.B次元官网网址

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

B次元官网网址淲eB次元官网网址檙e not going to give up,B次元官网网址 vowed Alivia Pike, a friend of Descoteau.

The murder in May of 2016 shocked Chemainus.

Descoteau was at his fatherB次元官网网址檚 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 didnB次元官网网址檛 discharge and he used a knife instead.

B次元官网网址淢r. John admits he killed Mr. Descoteau and that he intended to do so,B次元官网网址 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.

JohnB次元官网网址檚 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.

B次元官网网址淢r. JohnB次元官网网址檚 response was irrational,B次元官网网址 she concluded. B次元官网网址淗is claim that he didnB次元官网网址檛 think what he did is wrong is also irrational.

B次元官网网址淣o reality-based motive arises out of the evidence,B次元官网网址 she added.

In conclusion, Warren noted the mental disorder B次元官网网址渞endered him incapable of knowing that he was doing was wrong.B次元官网网址

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.

JohnB次元官网网址檚 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.

B次元官网网址淚 then ordered a pre-sentence report with a psychiatric component,B次元官网网址 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 B次元官网网址渟tatements and interviews of witnesses, the killerB次元官网网址檚 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 JohnB次元官网网址檚 desire to kill.B次元官网网址

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.

B次元官网网址淗ow many more families have to go through this pain before we the people demand the laws change?B次元官网网址 they challenged.



don.bodger@chemainusvalleycourier.ca

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Alivia Pike, Leah Guaytt, Brenda Smith and Kristina Tkachuk in front of the TV camera after the Colin John decision. (Photo by Don Bodger)
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A sombre group after the Colin John decision in the murder of Derek Descoteau. From left: Paula Phillips, Kristina Tkachuk, Brenda Smith, Janelle Guyatt and Leah Guyatt outside the Duncan courthouse. (Photo by Don Bodger)


Don Bodger

About the Author: Don Bodger

I've been a part of the newspaper industry since 1980 when I began on a part-time basis covering sports for the Ladysmith-Chemainus Chronicle.
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