Edmonton Journal

Man who killed wife ‘not criminally responsibl­e’

Judge rules Jason Otway was suffering from psychotic delusions during attack

- PAIGE PARSONS pparsons@postmedia.com twitter.com/paigeepars­ons

An Edmonton judge has ruled that a man who fatally stabbed his wife is not criminally responsibl­e, following testimony from mental health experts who found the man wasn’t sane at the time.

Jason Otway, 40, was charged with second-degree murder in connection to the death of his wife Jennifer Otway, 42. During the trial, court heard Otway has a history of mental illness, and had been diagnosed with major depressive disorder with symptoms of psychosis.

In addition to the murder charge, Otway also faced one count of possession of an offensive weapon.

After hearing from a psychologi­st and two psychiatri­sts who assessed Otway, Crown prosecutor­s in the case consented to defence lawyer Brian Hurley’s argument that Otway should be found not criminally responsibl­e.

While delivering his verdict Friday, Court of Queen’s Bench Justice Adam Germain noted that while Otway may have been angry at the time of the offence, his primary motivator was the perceived threat brought on by his psychotic delusions. He found Otway met the standard for being found not criminally responsibl­e on account of a mental disorder.

“This is not a happy day for anyone, and the verdict is not a happy one,” the judge said.

RELEASED FROM HOSPITAL DAYS BEFORE KILLING

Four days before the stabbing, Otway was discharged as a psychiatri­c patient from the Royal Alexandra Hospital where he’d gone for treatment for hearing voices, having staring episodes and trouble sleeping. His wife went with him to the hospital, and told staff that she was not concerned about her own safety before her husband was released.

On the night of Sept. 25, 2014, as the couple made their way to bed in their northeast Edmonton home, Otway picked up a kitchen knife and stabbed his wife multiple times — puncturing both lungs. She was rushed to hospital, where she died.

The Alberta Review Board now has the task of determinin­g whether Otway will be subject to a detention order, conditiona­l discharge or be granted an absolute discharge.

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