Man found not criminally responsible in death of his adoptive father

“Joshua has convinced me on a balance of probabilities that he had a mental disorder that deprived him, at the time of the incident, of the capacity for rational perception, and hence rational choice about the rightness or wrongness of the act,” he said. “The disease rendered him incapable of knowing that the act he committed was something he ought not have done.”

A verdict of not criminally responsible by way of mental disorder (NCRMD) does not hold the perpetrator of the incident responsible as their mental disorder at the time rendered them incapable of understanding the difference between right and wrong. The verdict is not an acquittal or a conviction, but a third option that reviews the case and determines whether further action is required to protect the public or treat the condition. The conclusion of the case can range in result from a dismissal of the charges to a comprehensive treatment plan at a hospital or monitored in the community.

Meschishnick said in the weeks before the incident Joshua showed a pattern of acting on his irrational beliefs. His actions were focused on protecting himself and his family from his belief that people bugged his home, were living in his attic, were speaking to him on T.V. and had taken over the bodies of individuals.

Joshua believed he was discharging the firearm at an imposter, not Gordon, Meschishnick said.

“I accept that these delusions have resulted from a disease of the mind that rendered Joshua incapable of knowing that the act of discharging the firearm at the imposter was wrong in the eyes of society, as he was acting to protect his son, felt justified in doing so, and saw no moral wrong in harming the kidnapping impersonator,” the judge said.

Meschishnick said “because of Joshua’s delusions, his mind was incapable of ascertaining he was discharging the firearm at Gordon.”

Defence lawyer Jonathan Bodvarson following the verdict for Joshua Tucker, who was found not criminally responsible. pic.twitter.com/UJSx0X5EAh

— Angela Brown (@OCoureurDesBois) February 4, 2021

Following court, Legal aid lawyer Jonathan Bodvarson, who represented Joshua, said he and his client are satisfied with the decision.

“Joshua was suffering from mental illness at the time, and he is still suffering from it,” he said. “He is able to manage his symptoms with medication today. But he had no intention to ever cause the death of his father Gordon Tucker. We thought the outcome was correct in that finding. Due to his mental illness, he didn’t know what he was doing, right or wrong.”

He said Joshua’s suffered psychosis from a mental disorder, and “the formation of that decision was that it was unmasked by drug use over time.”

Bodvarson said his client wants to mention that “he loved his father, and that he had no intention of doing this.”

“If it wasn’t for his mental illness, this would not have happened,” he said.

Joshua’s adoptive mother Kim Ternier, Gordon’s wife, spoke to battlefordsNOW, on her response to the outcome, while holding back tears.

“From the outset, all I have wanted is justice for Gordon, help for Joshua, and something good to come out of this tragedy,” she said. “If I have a hope, it is for just one person to realize that mental health is a disease you can’t see, and not something you just get over.”

She went on to add there needs to be much more support for mental health to help prevent people from falling through the cracks.

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angela.brown@jpbg.ca

On Twitter: @battlefordsNOW

by Angela Brown

Man found not criminally responsible in death of his adoptive father

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