B.C. man left hospital 1 hour before killing his girlfriend in an 'acutely psychotic state,' court hears

The scene of a fatal assault in New Westminster, B.C., is pictured on March 2, 2021.

A B.C. man has been found not criminally responsible for the murder of his girlfriend, with court documents showing he killed her just one hour after leaving hospital despite an assessment he "required emergent care and rapid medical attention."

Andywele Carlan Mullings admitted that he killed his intimate partner, Emily Appleyard, in their New Westminster home when he beat her over the head with a hammer in 2021, according to a decision handed down in B.C. Supreme Court Friday. He was charged with second-degree murder for the slaying.

Justice Martha M. Devlin outlined the "deeply tragic circumstances" leading up to the fatal beating before coming to her decision that Mullings was in an "acutely psychotic state" that "rendered him incapable of knowing that his actions were morally wrong."

Appleyard was taken to hospital in critical condition on March 2, 2021, according to a news release from police at the time. She died from her injuries days later. At the time, police said that they had arrested Mullings and believed he was known to the female victim, whom they did not name.

'SUDDEN AND DRAMATIC' DETERIORATION

Prior to the final days of February, 2021, Mullings had not displayed any signs of a mental illness or disorder, according to the court decision, which cited evidence submitted by his extended family, his children's mother and his employer.

The court heard that in the four or five days leading up to the March 2 murder, Mullings' mental state deteriorated in a "sudden and dramatic" manner. He was suffering from paranoid delusions that Appleyard was plotting to kill him by slowly poisoning him, that she also planned to kill his children from a previous relationship, and that she had taken out an insurance policy on his life. This combined to produce what an expert witness described as a "psychotically-driven fear" of his intimate partner.

On Feb. 27, Mullings showed up at the home of his children's mother, according to the judge's decision. No one was home at the time but he "repeatedly called" his ex-partner insisting that their children were in danger. Unpersuaded by their mother's assurances that they were not in danger and had not been harmed, Mullings called the police to report his concerns.

Officers were sent to the home to respond, the court heard.

"Despite their assurances that the children were safe, Mr. Mullings refused to leave as directed and he was taken into custody overnight," according to the decision.

The next day he came back to the home and apologized to his ex, however he still maintained someone was planning to hurt the children. Their mother's evidence in the case described his state as "panicked, frantic, and manic…she was not able to make sense of what he was saying."

The next day, Mullings sent text and messages to his aunt alleging someone was trying to kill him with poison and described himself as being "tied" which is a "Jamaican expression for someone being held or trapped in a romantic relationship, by magic or sorcery," the court heard.

That same day he called his employer, according to the decision.

"Mr. Mullings was talking and crying at the same time. (The employer) described it as 'gibberish'. Mr. Mullings claimed that he was being watched and was going to be murdered, that he was being poisoned by his girlfriend, and that she wanted to make an insurance claim," Devlin's summary of that call says.

Overnight, the upstairs neighbours said they heard loud shouting and crying, mainly coming from Mullings. The early morning hours of March 2 were marked by even more concerning communications between Mullings and his employer and family, including phone calls in which he was "crying hysterically that he was going to be killed."

THE DAY OF THE MURDER

Appleyard called 911 after her partner left their home that morning, requesting a welfare check at 6:56 a.m. A constable from the New Westminster Police Department called Mullings on the phone about half an hour later, according to the judgment. The officer described Mullings as "rambling" and told the court that he said Appleyard was involved in a child-smuggling conspiracy. Learning that Mullings was at his worksite in West Vancouver, the constable arranged for officers from that department to do an in-person check.

At 9:20 a.m., two hours after the phone call with the NWPD, officers arrived at the worksite in West Vancouver.

"Mr. Mullings was not making sense and rambling, but they concluded they did not have a basis to apprehend him under the Mental Health Act," the court decision says.

"However, they eventually convinced Mr. Mullings to attend a hospital voluntarily. As the police drove Mr. Mullings to Lions Gate Hospital, their conversation was audio and video recorded, although Mr. Mullings was not captured on the video recording. During the drive, Mr. Mullings can be heard distraught and crying, repeating that he was being ‘slow poisoned’ by Ms. Appleyard who was 'part of a big plan and plot,' and that 'it’s gonna end real quick.'"

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The decision says Mullings was "escorted" into the hospital and that while he was waiting to be seen he continued to send social media messages, texts, and voice messages to a cousin in Jamaica saying he was being poisoned.

At 10:49 a.m. Mullings was assessed by a nurse, and the findings were summarized by the judge.

"Mr. Mullings’ responses to her questions were paranoid and unusual, including a claim that his girlfriend had killed or murdered him," the judgment reads.

"The nurse determined that Mr. Mullings required emergent care and rapid medical attention, and to be assessed by a psychiatrist. Unfortunately, before he could be admitted, Mr. Mullings left LGH at 11:19 am."

Ultimately, Appleyard ended up driving to the hospital where she picked Mullings up. When she arrived home at 12:19 p.m. she sent what would be her final text message, telling Mullings' aunt that her boyfriend seemed "like himself again," the court heard.

"Within moments of returning home, Mr. Mullings struck Ms. Appleyard multiple times with a hammer. At 12:22 p.m., Mr. Mullings took a photo of Ms. Appleyard lying in blood on the kitchen floor and posted it to his Facebook profile, which was visible to members of the public," the decision added.

Police and paramedics came to the home after a neighbour called 911. Mullings was arrested around 2 p.m. in Vancouver.

"In his dealings with the police post-arrest, Mr. Mullings continued to express a delusional belief that he had been poisoned, that someone was trying to kill him, and that he was ‘trying to stay alive’, as he was the victim," the court decision says.

THE DECISION

Mullings would not be assessed by a psychiatrist for another 15 days. That initial assessment, combined with the evidence about Mullings' behaviour and expert analysis that Mullings was experiencing Schizophreniform Disorder when he killed his partner, led the judge to her finding of not criminally responsible.

"There is overwhelming evidence to establish that, due to his mental disorder, Mr. Mullings lacked the mental capacity to know that his actions were morally wrong," Devlin wrote.

Mullings was remanded to the Forensic Psychiatric Hospital and a review board will make a decision after holding a hearing on the case 45 days after the verdict. After that, Mullings will either be given an absolute discharge, a conditional discharge, or ordered to remain at the facility.

An absolute discharge means a finding of guilt is made but there is no further punishment or detention and no conviction is entered.