The man who captured Allan Dwayne Schoenborn says he is “shocked” with the B.C. Supreme Court's decision that Schoenborn is not criminally responsible for killing his three children.

On February 23, B.C. Supreme Court Justice Robert Powers ruled that Schoenborn, 41, was guilty of first-degree murder but was not criminally responsible for the deaths of Kaitlynne, 10, Max, 8 and Cordon, 5, on account of mental disorder.

Schoenborn stabbed his daughter and smothered his two sons who were discovered dead in the family's trailer April 6, 2008 by their mother Darcie Clarke.

“I told everybody that he would be found guilty,” says Kim Robinson, a Merritt-based hunting guide who found and detained Schoenborn just east of Merritt on Hamilton Hill 10 days following the murders.

“I was totally shocked,” he says of the court's decision.

Powers based his decision on the understanding that Schoenborn did not kill his children out of anger or revenge and was in a state of psychosis which prevented him from thinking rationally.

“I find, on a balance of probabilities; that is, that it is more likely than not, that when Mr. Schoenborn killed his children he was suffering from a disease of the mind. This disease of the mind was a delusional disorder with some symptoms of schizophrenia,” ruled Powers.

Robinson was not present in court during the entire six weeks of testimony.

Dr. Roy O'Shaughnessy and Dr. Lohrasbe were in agreement that Schoenborn was suffering from a mental disorder at the time of the murders, however, Dr. Ron Chale, the first psychiatrist to examine Schoenborn following his arrest, stated that Schoenborn did not show signs of psychosis on the day of the arrest. However, Chale agreed that this does not mean Schoenborn was not psychotic when he killed his children.

Schoenborn testified that he killed the children because he didn't know how to save them from sexual predators, however, there was no evidence that the children were sexually abused.

“I wish the judge would've spent the 20 minutes with him that I did,” said Robinson to the Merritt News.

“His state of mind was totally coherent and he knew what he had done was wrong.”

Robinson says he questioned Schoenborn, who was wearing a makeshift hat at the time he was found, at which point Schoenborn denied his own identity.

“He talked about being a brick layer and that he was going to Kamloops.”

Robinson says he eventually confirmed Schoenborn's identity and detained him until police arrived and arrested him.
Robinson says he believes Schoenborn was deeply hurt by his wife rejecting him and took extreme measures to exact revenge.

“Some people can't handle rejection.”

Clarke was Schoenborn's common-law wife for 15 years before she ended their relationship.

During the juryless trial, Judge Powers rejected the notion by Crown prosecutors that Schoenborn killed out of anger or revenge.

“I have considered the hypothesis that Mr. Schoenborn may have acted out of anger towards Ms. Clarke. However, there was no demonstration of anger in the week before the children were killed.”

Defense lawyer Peter Wilson argued that a man who loved his children as much as Schoenborn could not have knowingly killed them. The defense concluded, with testimony from Dr. Shabehram Lohrasbe, that Schoenborn was not a vengeful man.

“He was mentally ill,” said Wilson.

“You think because you couldn't do it that the guy must be insane,” says Robinson.

“If it was about molestations, why was he so agitated at his wife?”

The Crown argued that even if Mr. Schoenborn were motivated by his psychosis and delusions that he still knew what he was doing was wrong.

The Crown said his attempts at suicide were equivocal and that that he fled the scene in order to avoid apprehension and did so by hiding for ten days before he was discovered by Robinson.

Robinson says the claims of suicide are unfounded considering that Schoenborn had ten days to kill himself and the lack of physical evidence of suicide.

He says the marks on Schoenborn's arms were located higher up than the wrists and believes they were not from a suicide attempt.

Robinson says the murders could likely have been prevented had Schoenborn been kept in jail following the school yard incident where Schoenborn attended his children's school and uttered threats.

Schoenborn was jailed but then released.

“That's supposed to be their safe haven,” says Robinson of the school.

Robinson says police had no trouble keeping him in jail when he was arrested for shooting a bear.

“The cops didn't want him out but the courts allowed him to come out.”

“Nobody was responsible anywhere along for the death of three children?”

“Schoenborn is criminally responsible,” said Robinson.

B.C.'s Review Board will decide Schoenborn's fate. He must appear before the board within 90 days of his sentencing.