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
Doctors concerned about potential spread of bird flu in Canada
H5N1 or avian flu has been detected at dozens of US dairy farms and Canadian experts are urging surveillance on our side of the border too.
There's a limit to how much interest rates in Canada and U.S. can diverge: Macklem
Bank of Canada governor Tiff Macklem says Canadian interest rates don't have to match U.S. or global rates, but there is a limit to how much they can diverge.
Prince William and Kate release photo of daughter Charlotte to mark ninth birthday
Prince William and his wife Kate released a picture of their daughter Charlotte to mark the princess's ninth birthday on Thursday.
This Canadian restaurant just lowered its prices. Here's how it did it
A Canadian restaurant lowered its prices this week, and though news of price tags dropping rather than climbing sounds unusual, the business strategy in this case is not, according to experts in the field.
Should I invest with a human or a robot? Traditional firms vs. robo-advisors
Investors considering where to park their money have a choice: go with a traditional financial adviser or trust in an algorithm. Here are the pros and cons of both.
Five human skeletons, missing hands and feet, found outside house of Nazi leader Hermann Goring
Archeologists have unearthed the skeletons of five people, missing their hands and feet, at a former Nazi military base in Poland.
As Hamas considers ceasefire, question hangs: Will Israel end war without the group's destruction?
Hamas on Thursday was considering the latest proposal for a ceasefire with Israel that the United States and other mediators hope will avert an Israeli attack on the Gaza town of Rafah.
Imagine living in a 4-foot body that doesn't develop chronic diseases
Nathaly Paola Castro Torres has a rare disorder called Laron syndrome that is caused by a genetic mutation. It stunts her growth but also provides a hidden silver lining: Her body is protected from chronic diseases such as cancer that often take life away long before old age.
Concerns about Plexiglas prompt inspections at some Loblaws locations in Ottawa
Inspections are underway at more than one Loblaws location in Ottawa after complaints were filed about tall Plexiglas barriers.