Manslaughter conviction upheld after B.C. man cites claustrophobia in fatal Costco altercation
![Orlando Ocampo Orlando Ocampo is seen in an undated photo from an online obituary website.](/content/dam/ctvnews/en/images/2018/6/8/orlando-ocampo-1-3966335-1627408889418.jpg)
British Columbia's highest court has upheld a manslaughter conviction against a Vancouver man who shoved a senior outside a busy Costco store, rejecting his argument that the trial judge failed to consider how his claustrophobia and fear of crowds led to the fatal altercation.
Thomas Stephen Toth was sentenced to 18 months in jail and two years of probation for the death of 86-year-old Orlando Ocampo after an altercation outside the downtown Vancouver Costco on Dec. 20, 2017.
At trial, the jury heard that the two men bumped into each other while leaving the crowded store that morning. A brief verbal argument ensued before Toth, then 57 years old, walked to the curb to wait for a taxi with his 16-year-old daughter.
Upset by the encounter, Ocampo went to speak with a security guard and the two approached Toth about the altercation. Another argument erupted and Ocampo sprayed Toth and his daughter with pepper spray.
Ocampo had turned to walk back towards the store when Toth pushed the senior from behind, causing him to fall, strike his head on the ground and lose consciousness. He died in hospital three weeks later.
Claustrophobia and self-defence
Toth appealed his conviction on the manslaughter charge, arguing the trial judge did not properly instruct the jury to consider how his claustrophobia disoriented his senses and provoked a self-defence response.
He also argued the Costco security guard's testimony, which suggested the fatal shove was neither "justified" nor "necessary" for self-defence since Ocampo was already walking away, was a prejudicial opinion and should not have been allowed as evidence.
Delivering the Appeal Court panel's decision Monday, Justice Barbara Fisher found the lack of jury instruction on claustrophobia and the admission of the security guard's evidence did not constitute significant errors of the lower court.
The judge noted that while Toth's claustrophobia was highlighted by his lawyer during her opening statement at trial, its relevance to the defence's case seemed to diminish as the trial wore on.
That aside, Fisher found the jury was fully aware of Toth's condition, which was exacerbated by the crowds at the store that morning.
"Toth’s claustrophobia was one element of the factual milieu that the jury would not have forgotten, as it was linked to the evidence of his emotional state and his ability to observe and perceive," Fisher said.
Regarding the admissibility of the security guard's evidence, the panel was unanimous in finding the jury had a sufficient understanding of the law of self-defence and was not relying on the guard's testimony as expert opinion on the matter.
"While [the security guard] was a key witness, there were numerous other witnesses who observed the incident, and in the context of all that evidence, [the security guard's] opinion formed but a small part," Fisher said.
The court dismissed the appeal and upheld Toth's conviction in the manslaughter case.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6976871.1721873052!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
DEVELOPING Jasper updates: Wildfire reaches townsite
One of two wildfires threatening Jasper National Park has reached the townsite.
Alberta calls in army to assist with wildfire situation
Alberta has called in the Canadian Armed Forces to help assist with the worsening wildfire situation in the province.
Biden explains why he ended re-election bid in Oval Office address
U.S. President Joe Biden on Wednesday delivered a solemn call to voters to defend the country's democracy as he laid out in an Oval Office address his decision to drop his bid for reelection and throw his support behind Vice President Kamala Harris.
Barrie-Innisfil MPP 'blacked-out' and crashed car into window of child care centre
Staff at a Barrie child care centre say they are frustrated by what they call a local MPP's inadequate response after a car crashed through a window in one of the toddler rooms.
Norad intercepts Russian and Chinese bombers operating together near Alaska in apparent first
The North American Aerospace Defence Command (Norad) intercepted two Russian and two Chinese bombers flying near Alaska Wednesday in what appears to be the first time the two countries have been intercepted while operating together.
2 Canadians being 'sent home immediately,' removed from Olympic team after drone incident
An analyst and an assistant coach with Canada Soccer are being removed from the Canadian Olympic Team and 'sent home immediately,' according to the Canadian Olympic Committee.
An unwelcome attendee has joined the Paris Olympic Games: COVID-19
After a handful of Australian water polo players tested positive for COVID-19 this week, questions have emerged around how the spread of the disease will be mitigated at the Summer Olympic Games in Paris.
Vacations, meals, booze: Contractor used $100K of charity's money for personal expenses, B.C. court finds
A B.C. man who was hired to help a non-profit build a food hub but instead spent the money on personal expenses – including travel, restaurants, booze and cannabis – has been ordered to pay more than $120,000 in damages.
Male, female killed, 2 others injured in 'gun battle' outside Toronto plaza: police
Two people are dead and two others suffered serious injuries following a shooting that police have described as a 'gun battle' outside a plaza in Scarborough, Ont. early Wednesday morning.