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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Biscuits with possible plastic pieces, metal found in ground pork: Here are the recalls for this week
Here are the latest recalls Canadians should watch out for, according to Health Canada and the Canadian Food Inspection Agency.