Schoenborn found not criminally responsible in deaths of children

Keith Anderson/ The Daily News

Defense lawyer Peter Wilson after the Schoeborn case conclusion Monday outside the Kamloops Law Courts.

Allan Schoenborn meant to kill his children but psychotic delusions robbed him of his ability to know what he was doing was wrong, a judge ruled today.

B.C. Supreme Court Justice Robert Powers convicted Schoenborn of the first-degree murder of Kaitlynne, 10, Max, 8 and Cordon, 5, but found him not criminally responsible due to a mental disorder.

Justice Power's written decision can be found at http://www.courts.gov.bc.ca/jdb-txt/SC/10/02/2010BCSC0220.htm.

He cited evidence pointing to a long history of mental illness, as well as psychotic behaviour in the months, weeks and days leading up to the killings on April 6, 2008, in Merritt.

Powers rejected the Crown's assertion Schoenborn killed his children in anger or with revenge in mind.

“I find it unlikely (he) would have killed his children out of anger given the close and caring relationship he had with his children.”

Schoenborn, 41, testified he killed the children because he didn't know how to save them from sexual predators only he seemed to know about. Nothing suggests any of the children were ever sexually abused.

“Mr. Schoenborn, if anything, was overprotective. The irony is that the real danger to the children was Mr. Schoenborn himself and none of the dangers that he imagined in his mind.”

The accused man showed almost no reaction as the judge read the verdict, although he had two outbursts earlier.

He loudly yelled “bullshit” at one point as Powers read through his judgment, apparently in disagreement with one of the judge's comments. He yelled out the same word again several minutes later. For the rest of the 90-minute proceeding, however, he stayed quiet, kept his head down and didn't move.

Powers said Schoenborn's imaginary fears about his children's safety are not justification for what he did.

“Any reasonable or rational person would know that it was wrong. However, due to his psychosis at the time, he was not able to make that decision,” said the judge.

Powers said he accepts Schoenborn's suicide attempts after the killings — he slashed at his forearms with a knife and razor — were genuine. As well, his attempt to flee was half-hearted. The man was found just four kilometres from Merritt. He left without his wallet or money.

Schoenborn's future will now be decided by B.C.'s Review Board, the judge ordered. He must appear before the board within 90 days. He will stay in custody until the hearing.

Bernd Walter, the chair of the review board, told The Daily News a judge, a psychiatrist and at least one other mental health expert will conduct that hearing.

The sole focus of the proceeding will be to determine if Schoenborn is still mentally ill and if he poses a risk to the public. If the panel concludes he is no longer ill or does not pose a risk, he could be released.

More likely, however — especially in a case like this — Schoenborn will find himself in custody at the Forensic Psychiatric Centre in Port Coquitlam.

“If he was that ill when he committed this heinous act, it's unlikely he will get out (in the short term). If he is too ill, he will be detained.”

It's unlikely, though, Schoenborn will stay in psychiatric care as long as he would have in prison had he been found criminally responsible. The Criminal Code requires a sentence of life in prison with no parole for 25 years for first-degree murder.

“That's pushing it,” said Walter, noting the review board is required to impose the least restrictive disposition possible. “If he is diligent in (his treatment), anything is possible. It's a balancing act.”

Outside the courthouse, defence lawyer Peter Wilson said Justice Powers gave a thoughtful and comprehensive judgment.

“It was the right result,” said Wilson. “It shows the system works. It's clear Mr. Schoenborn was mentally ill. He loved his children. What he did didn't make any sense. He loved them.”

Wilson added the trial was as difficult a case as he has ever faced. The facts were horrifying and sad beyond any measure.

“The facts were truly appalling,” he said.

Schoenborn's trial, heard without a jury, in Kamloops started on Oct. 5, 2009.

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