Not criminally responsible?

Counsel for the man charged with attempted murder of a Kelowna RCMP officer may argue that he should not be found criminally responsible due to a mental disorder.

Richard McCrae's attempted murder trial began Monday, with testimony from a number of RCMP officers and other witnesses. Following brief testimony Thursday from a doctor who treated Const. Jason Tymofichuk on the night he was slashed in the face with a knife, Crown prosecutor Miho Ogi-Harris said she had wrapped up the Crown's case, at least for the time being.

Defence counsel Donna Turko said she's waiting for a completed report from an expert which may be used to argue McCrae is not criminally responsible for his actions due to a mental illness.

Ogi-Harris noted that the fact that McCrae committed the attack on Const. Tymofichuk is not disputed, but whether he was able to form intent – a necessary component of the criminal offences – may be contested by defence.

Turko told the court she's hoping to receive the psychological report by Friday, and then Ogi-Harris will need to decide if she wants to call more evidence once she's read the report.

“We're not in any position to continue the trial at this stage,” Ogi-Harris said. “The Crown will take a look at the report and analyze what the next steps will be. But until that time, the Crown's not prepared to close its case.”

The case was adjourned until next week, but it's not clear when the trial will pick back up in earnest.

Remains behind bars

McCrae remains in custody after he arrested back in the early morning hours of March 27, 2022 near Kelowna's Ellis Place supportive housing development. Const. Tymofichuk had attended the scene to help staff get a person to take down their tent which had been set up in the parking lot.

While McCrae was described by people who knew him as a “gentle giant,” he suffered from mental illness, and he could sometimes be “very intimidating” and “a scary person” according to one person who testified at the preliminary inquiry.

Const. Tymofichuk said McCrae “pounced” on him shortly after he arrived on scene, leading to a fight on the ground during which the officer suffered cuts to his face and neck.

McCrae was eventually arrested after additional officers arrived on scene.

'Eye was extremely fortunate'

Dr. Robert Semeniuk testified Thursday about treating Const. Tymofichuk after the officer had been taken to Kelowna General Hospital. The ophthalmologist lives in Penticton, but he was on call that night for the region, and was woken up at about 1 a.m.

He drove to Kelowna to treat Const. Tymofichuk, as “the concern was serious enough” that it warranted his in-person attendance.

Dr. Semeniuk said it was an “intense environment” when he arrived at KGH, with a number of concerned RCMP officers waiting at the hospital.

The officer suffered a broken orbital bone and the “severe laceration” across his face required stitches, but his eye itself remained relatively unscathed.

“The eye was extremely fortunate. Everything seemed to be OK as far as the eyeball, despite all the other stuff going on around it,” Dr. Semeniuk said. He added that it would have taken "significant force" to break the officer's orbital bone.

Const. Tymofichuk testified on Tuesday that he still suffers from nerve damage on the side of his face and head.