Family of Toronto man fatally shot in 2022 upset about not criminally responsible defence

Gars Kourjakian’s member and begetter person sat done 4 days of grounds astatine the first-degree execution proceedings for Devret Clarke and are upset by his defence that he’s not criminally responsible for the killing.

“It’s conscionable a small spot of disgust, to beryllium honorable with you, and the information that we’re trying to pawn this disconnected arsenic an NCR is conscionable different nonaccomplishment of the system,” Gars’ member Sevag Kourjakian told Global News extracurricular the courthouse.

It was Dec. 30, 2022, erstwhile 37-year-old Devret Clarke, a erstwhile neighbour of Kourjakian’s, drove into the underground parkade down Kourjakian, who had conscionable pulled into his parking spot.

As the 34-year-old hubby and begetter was getting retired of his conveyance with his four-year-old daughter, Clarke pulled up adjacent to him and changeable astatine Kourjakian from his vehicle. Kourjakian was struck successful the cervix and died astatine the scene. His girl grabbed her father’s compartment phone, called her parent and told her that her begetter was dead.

“We anticipation she does not retrieve the traumatic events that did hap connected that nighttime and hopefully she’s capable to unrecorded a mean beingness moving forward,” Sevag said, calling his niece courageous.

The Kourjakian household said they volition not consciousness they person gotten justness for the unprovoked and deadly onslaught unless Clarke is recovered blameworthy of first-degree murder, but the defence is relying connected grounds of 2 forensic psychiatrists who assessed Clarke connected psychiatric disorders and the interaction connected transgression responsibility.

Dr. Sumeeta Chatterjee testified connected Thursday that Clarke was suffering from schizophrenia astatine the clip and said it was untreated, but for 2 days helium had spent successful infirmary successful 2020.

Chatterjee testified that Clarke was experiencing paranoid delusions and sensory and auditory hallucinations successful the signifier of voices.

“The voices were constant, galore were derogatory, bid successful quality and threatening,” she told Superior Court Justice Maureen Forestell. Chatterjee said Clarke attributed the voices to the radical astatine the gathering helium had lived in, including the victim.

She said astatine the clip of the shooting, Clarke was successful a psychotic state. While Chatterjee opined that helium was susceptible of appreciating the ineligible wrongfulness of his act, helium was apt incapable of knowing the motivation wrongfulness of his actions.

Chatterjee agreed with Dr. Lisa Ramshaw, who testified Wednesday that she did not judge Clarke was feigning symptoms of intelligence unwellness to debar transgression prosecution.

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During cross-examination, adjunct Crown lawyer Bryan Guertin asked Chatterjee if she had heard Clarke springiness grounds erstwhile helium was being cross-examined connected Wednesday astir however helium believed his nephew was being attacked successful the days starring up to the shooting, which prompted him to enactment successful self-defence.

Chatterjee said Clarke had ne'er spoken to her astir the nephew being attacked erstwhile she assessed him past year, nor was it thing helium told Dr. Ramshaw.

“We are waiting for the determination of the judge,” Hagob Kourjakian, Gars’ father, said, hopeful that Clarke volition beryllium recovered criminally responsible.

“We request justice,” helium added.

Gars’ member said the household besides wants to cognize however Clarke was capable to get a firearms licence successful precocious 2021, contempt the information tribunal heard he’s been suffering from untreated schizophrenia since 2019 oregon 2020.

“The information that helium was capable to get a weapon licence. It’s reasonably casual to get one. All you person to bash is get 2 radical to motion disconnected connected it and arsenic agelong arsenic you person nary transgression background, they’re not checking thing medically,” said Sevag. “Essentially if you person a cleanable record, conjecture what? You tin get a gun.”

Closing submissions volition beryllium heard adjacent week. The Crown is contesting the defence’s statement that Clarke should beryllium recovered NCR, saying it volition beryllium focused connected arguing the ineligible contented of motivation wrongfulness.