October 17, 2016 - 3:32 PM
KAMLOOPS - An Ashcroft man — who has been found guilty of beating his uncle to death with a shovel and is awaiting sentencing — will not be able to use the not criminally responsible by reason of mental disorder defence.
Crown prosecutor Neil Flanagan told Kamloops Supreme Court today, Oct. 17, Shane Takeshi Gyoba's psychiatric assessment determined the accused would not be able to use the defence of not criminally responsible by reason of mental disorder.
Crown had filed an application for a psychiatric assessment after Gyoba refused to use the defence, but Flanagan said the assessment "does not support" the use of the defence.
Gyoba was found guilty in June of second degree murder in the death of his uncle Ed Gyoba. Police responded to Ed Gyoba's residence on June 3, 2014 after neighbours saw Shane digging a hole in the backyard.
When officers arrived they found Shane burying Ed after killing him by striking him over the head with a shovel.
Gyoba caused several interruptions during his trial, yelling out threats to Judge Dev Dley and threatening others in the courtroom.
His mother, Julie Gyoba, took the witness stand during the trial where she detailed Gyoba's history of erratic behaviour including cutting off his finger.
He's expected to be sentenced next month.
Find past stories on this case here.
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