Manslaughter conviction upheld after B.C. man cites claustrophobia in fatal Costco altercation
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
BREAKING Speaker kicks Poilievre out of Commons over unparliamentary comments
Speaker Greg Fergus kicked Conservative Leader Pierre Poilievre out of the House of Commons during question period today.
Baby, grandparents among 4 people killed in wrong-way police chase on Ontario's Hwy. 401
A police chase which started with a liquor store robbery in Bowmanville Monday night ended in tragedy some 20 minutes later when a suspect fleeing police entered Highway 401 in the wrong direction and caused a pileup which killed an infant and the child's grandparents, as well as the suspect, investigators say.
Man dies after suffering cardiac arrest while waiting in ER, widow wants investigation
When an ambulance took David Lippert to the hospital in March of 2023, the 68-year-old Kitchener, Ont., executive was hoping to find out why he was feeling weak and unable to walk. Some 24 hours later, he was found unresponsive in the ER.
Freeland previews omnibus budget bill, proposed capital gains tax change left out
Deputy Prime Minister and Finance Minister Chrystia Freeland will be tabling yet another omnibus bill to pass a sweeping range of measures promised in her April 16 federal budget, though left out of the legislation will be the government's proposed capital gains tax change.
Air Canada walks back new seat selection policy change after backlash
Air Canada has paused a new seat selection fee for travellers booked on the lowest fares just days after implementing it.
Conservatives push motion calling for Carney to testify, say it's about 'accountability'
The federal Conservatives made good on their promise to push for former Bank of Canada governor Mark Carney to testify before MPs, resulting in a heated political debate in Ottawa on Tuesday.
McGill requests 'police assistance' over pro-Palestinian encampment
McGill University says it has 'requested police assistance' about the pro-Palestinian encampment on its lower field.
London Drugs stores remain closed, 'cybersecurity incident' may have breached personal data
London Drugs says it is working with third-party security experts as the company tries to reopen dozens of stores across Western Canada that were shuttered by a cybersecurity incident Sunday.
Judge raises threat of jail in hush money trial as he holds Trump in contempt, fines him US$9,000
Donald Trump was held in contempt of court Tuesday and fined US$9,000 for repeatedly violating a gag order that barred him from making public statements about witnesses, jurors and some others connected to his New York hush money case. And if he does it again, the judge warned, he could be jailed.