Court hears sentencing submissions for mentally ill Timmins man who killed his brother

Byron Spence was convicted of first degree murder in 2014 and has been deemed unfit for trial.

The lawyers for Byron Spence argued Friday that their client could be released from prison and safely reintegrated into society, provided he has the mental health support he needs.

Spence, now 43, was originally found guilty of murder in the 2009 shooting death of his half-brother, Jonah Trapper. However, that was reduced to second-degree murder after a successful appeal last summer.

He shot Trapper in the back with a shotgun while the victim was on his computer following a disagreement.

Spence suffers from a severe form of schizophrenia that is resistant to medical treatment. Dr. Mark Pearce, a forensic psychiatrist, testified Friday that Spence responds well to electroconvulsive therapy (ECT), but that medication alone leaves him confused and delusional, but not violent.

Weekly ECT treatments

Pearce said he has treated Spence since 2019. He said that weekly ECT treatments have been effective, but said his condition worsened when they tried to go to treatments twice a month.

While signs of mental illness emerged when Spence was 15 or 16 years old, Pearce said schizophrenia was only a contributing factor to the 2009 murder. His condition became severe after he was in custody.

“Prior to the murder, he had some (mild) symptoms,” Pearce said.

He described Spence as an extremely cooperative patient who agreed to try a range of medications – and who continued with the ECT treatments even though he strongly dislikes them.

Treatment plan is key

When defence lawyer Christopher Hicks asked whether it would be safe to release him on parole, Pearce said it depended on the treatment plan and whether he could be monitored.

“It would be helpful to see how he does without the ECT,” he said, adding that while Spence was in custody, “he was never violent or aggressive.”

“He hasn’t been in the community for so long ... he would require close supervision, at least at the outset.”

It’s possible he could work again – Spence used to be a miner – provided a medication could be found that helps with his symptoms.

In response to questions from assistant Crown counsel Paul Guevremont, Pearce said it’s unlikely that Spence would continue to take medication once released without close supervision.

He was cooperative while in custody, but “we’re not sure what he’s going to be like once those treatments (ECT) stop.”

Pearce said that he wasn’t saying stopping ECT treatments would lead to violence, “but it could.”

“He may do very well, but it’s possible his schizophrenia could lead to violence.”

Hicks outlined the results of Spence’s Gladue report, which included the fact the lack of services for Indigenous people at the time of the offence meant that his family was unable to get him mental health support when his symptoms began emerging, but before the murder took place.

Another defence lawyer, Mark Falovo, said Spence showed immediate remorse after shooting Trapper, a fact that “the court can look at as a mitigating factor.”

Already in custody for 16 years

No victim impact statements were submitted by the family, Guevremont said, because the trauma of the case has already been devastating and they didn’t want to revisit the case.

While the defence sought parole eligibility of 10-12 years, the Crown sought 13 years. However, he has been in custody for 16 years already, meaning whether he will be released will ultimately be up to the parole board.

However, the court sentence will include orders such as whether Spence will be allowed to possess firearms so he can take part in traditional hunts, non-communication orders and recommendations on restrictions for his release, such as which residential treatment centre he would be moved to first and what conditions he must follow.

Superior Court Justice Kathleen Cullen said the case will return to assignment court March 12, when a date will be set for when she will release her decision.