Guelph man found not criminally responsible for senior’s murder

A man from Guelph has been found not criminally responsible for the death of a senior. CTV’s Karis Mapp explains why.

A Guelph man has been found not criminally responsible for the death of Michael Gallizzi, whose remains were discovered inside Preservation Park in early 2024.

The 62-year-old had last been seen on Dec. 6, 2023 but wasn’t reported missing until two days later.

According to the agreed statement of facts read into the record Tuesday, Gallizzi was homeless, used a walker and spent most of his time in downtown Guelph.

He met Nicholas Frost, then 27 years old, on the streets and through the shelter system.

Court heard a video from Dec. 6 showed Gallizzi and Frost sitting on a bench near the Quebec Street Mall. The pair were also recorded walking together in the direction of Frost’s apartment at 141 Woolwich Street. They entered the lobby and got into the elevator.

That was the last time Gallizzi was alive.

The Guelph Police Service believed Frost murdered him shortly after they arrived at the building.

On Dec. 6, between 9 a.m. and 5 p.m., security video showed Frost buying a wagon, shovel, spray paint, bleach, disposable gloves and duct tape.

He then returned to the Woolwich Street apartment and, at 6:15 p.m., was seen leaving with the wagon.

According to the agreed statement of facts, Gallizzi had been wrapped up with duct tape and garbage bags and placed inside the wagon. Frost then walked more than six kilometres to his mother’s home, where he stopped to eat.

She later told police he would not let her see inside the wagon and, on that particular day, he was exhibiting symptoms of mania. Frost’s mother also said her son growled as he ate.

A few days later, on Dec. 10, he was caught on camera again. This time he was seen bringing a walker similar to Gallizzi’s into his apartment lobby.

On Feb. 1, 2024, officers searched a wooded area near Gordon Street South and Edinburgh Road, which was near his mother’s home and where he was known to hang out.

Partial remains, later identified as Gallizzi, were found that same day. His exact cause of death could not be determined but the post-mortem noted there was a “blunt force impact to the head.”

When police searched Frost’s apartment they seized some of the purchases he made on Dec. 6, including the wagon, duct tape and disposable gloves. Court heard they found signs of a cleanup, as well as blood spatter on the couch, floor and walls.

Frost was arrested on Feb. 9, 2024, and charged with second-degree murder and indignity to a body.

Not criminally responsible

Justice Conlan weighed in on the case after the agreed statement of facts was read into the court record.

“Mr. Frost has committed the crimes in question,” he said. “The Crown has proven that beyond reasonable doubt.”

Frost’s lawyer said her client suffered from schizoaffective disorder. Symptoms of the mental illness include schizophrenia, particularly hallucinations and delusions, as well as mood disorders such as depression or mania. Frost had been diagnosed with schizoaffective disorder before Gallizzi’s murder and court heard he refused to take medication for it.

Defence lawyer Ranney Hintsa also noted that her client had been hospitalized 11 times under the Mental Health Act in the three-year period between 2020 and 2023.

She argued Frost was not criminally responsible for what happened the day of the murder.

“While he appears to have been able to appreciate the nature and quality of his actions, his ability to know their wrongfulness was profoundly impaired,” a doctor’s report said.

Justice Conlan agreed that the defendant “committed the acts in question and is not criminally responsible on account of mental disorder.”

Frost will be held in a mental health facility or hospital until the Ontario Review Board can hold a disposition hearing.

With reporting by Karis Mapp