Winnipeg Free Press

Winnipeg Free Press (Newspaper) - October 07, 2008, Winnipeg, Manitoba C m y k Page a5 Winnipeg repress. Com top news Winnipeg free press tuesday october 7, 2008 a 5 a cog Max Azria Ristiano Digier Chesa Notte Tevrow Chase c or a us a r Alice Olivia p Portage la Prairie Vincent i has undergone a significant transformation while lodged at a Winnipeg psychiatric Ward and now fully understands his Legal situation following the killing of Tim Mclean on Board a greyhound bus this summer. The development which was reported in court monday Means i has been deemed fit to stand trial on a charge of second degree murder. He has agreed to waive his right to a preliminary hearing and lawyers expect the Case to proceed quickly to court of Queens Bench. We Are quite confident in his ability to instruct counsel defence lawyer Gordon Bates told court. Doctors agree i now understands How the court system works the role of the various lawyers the charge he faces and the potential consequences. With lies current mental health no longer in question the focus now turns to whether he should face criminal sanctions for the death of Mclean. Thatus really the sole Issue in this Case defence lawyer Alan Libman said outside court. If someone commits an offence while suffering a disease of the mind and they dont know their actions Are wrong they cant be held criminally responsible. I 40, did not appear in court monday but is fully co operating with his lawyers and officials at the px3 Ward at the health sciences Centre where he has been held since Early August. During his initial court appearance i refused to speak and communicated Only through non verbal grunts and head shakes except for a Brief comment in which he asked to be killed. Obviously now hers talking said Bates. I has also agreed to medication he said. Or. Stanley Yaren has submitted a detailed report on lies mental state following two months of intensive evaluation. However details will be kept from the Public until his Case is resolved As a publication ban was ordered monday at the request of Crown and defence lawyers. Libman told court there has been no definitive finding with regards to an opinion on whether i can be held criminally responsible. We want him to get a fair trial dont want to affect a potential jury Pool Libman said in explaining the need for Public secrecy at this Point. He said certain details in the report might also violate lies rights under the Canada health act. This should be litigated in court and not the court of Public opinion said Libman. I came to Canada from China in 2001 and became a Canadian citizen in 2006, meaning he cant be deported. He lived in Winnipeg and Edmonton and those who knew him believed he was suffering from paranoid schizophrenia but refused to get treatment. His wife has told police of a previous four Day stay at a Hospital but no further information has been released publicly by police or lawyers. If i had been deemed unfit for trial the Case would have ended immediately with i being sent to a mental health facility for an indeterminate period of time. The charge would Only have proceeded if he was Ever deemed fit for trial. Libman said he expects the trial to boil Down to a Battle of Crown and defence medical experts regarding lies mental state at the time of the slaying. The rest of the facts Arentt in dispute and witnesses wont necessarily have to be called he said. If i is ultimately found not criminally responsible he would be sent to a Hospital instead of a prison. I would be assessed every year by Manitoba ass mental health review Board and could be released Back into the Community if hers found to no longer be a risk to Public safety. Mclean 22, was randomly attacked As he slept on the greyhound near Portage la Prairie. Lies Case has been adjourned until nov. 6 for the purpose of setting a trial Date. Wow. Mikeo crime. Com with the blast of a Shotgun a Low risk take Down of an alleged drug dealer turned into a Nightmare for a Winnipeg police commander who suddenly realized his officers were sitting ducks in a scenario the eyed never been trained to handle. Sgt. Darin Kruger testified monday that before the unknown and unseen shooter could be arrested inside a Home at 723 Jubilee ave., nearly two years ago three officers suffered gunshot wounds and needed immediate medical help. Daniell Ian Anderson 22, has pleaded not guilty to attempting to kill two police officers constables Don Murray and Curtis Penner and possessing a dangerous weapon. The trial into the much publicized shooting continues today. Sgt. Kruger said until the Shotgun blast everything had gone As planned during the routine execution of a search warrant to arrest an alleged drug dealer on dec. 7, 2006. He said officers assembled near the Home a battering ram was used to successfully open a Side door and officers went into the Home Yelling Winnipeg police and search warrant repeatedly. Kruger said an older woman came into the Kitchen screaming do you have a warrant a i remember her Yelling continuously. Kruger said things were settling Down when Kruger said he heard a gunshot. Const. Don Murray is squirming on the floor in agony and pain he told Justice Doug Abra of Manitoba court of Queens Bench. Thatus when Kruger said he suddenly realized the shooter was in a bathroom in the Centre of the House behind a closed door and officers in the other rooms surrounding it were All vulnerable. I panicked he said. I knew myself and others were in danger. I yelled what the of a get backs and ran Down the hallway to the Kitchen. Everybody was dispersing. Everyone was going for cover. I tried to think of something where we were trained for this and think of anything. Kruger said he heard another bang and then three or four popping sounds. The officer said he raced around the outside of the House hoping to pull Murray out of the room he was in through a window but realized that was futile when he saw the window almost three metres above ground level. While running Back to the other Side of the House Kruger said he heard another gunshot and his fellow officers Yelling we got him. Kruger said he got to the door inside to see Anderson being dragged out of the House on the ground by his arms. Later during questioning by defence counsel Roberta Campbell Kruger admitted that when he filed his statement a few Days after the incident he never described any of the shots As sounding like popping. Saying ism not an expert in Post traumatic stress Kruger said in the Days following his filing his statement his memory of the popping sounds was sparked by the sounds of a dishwasher and an alarm clock. I cant explain it he said. Kruger said he did not Type out his statement until five Days after the incident because i went through Days of despair and emotion. Kevin. Rollason free press. My. Ca beheading suspect deemed fit for trial greyhound tragedy by Mike Mcintyre police were sitting ducks court hears of chaos during botched raid by Kevin Rollason Daniell Ian Anderson John Woods / the Canadian press archives Vincent lies current mental health is no longer in question. A _ 05_ oct 07 08. Ind a5 1 0/ 6/ 08 8 55 23 pm ;