Killer’s bid for freedom denied

Mentally ill Vernon man killed friend, cut body into pieces after night out at bar

A Vernon man who killed and cut up the body of another man has lost an appeal to be granted an absolute discharge.

On Jan. 20, 2011, Kenneth Scott Barter was found not criminally responsible for the murder of his friend, Nathan Mayrhofer, in August 2010.

After a night out at the bar together, Barter and Mayrhofer spent the night at Barter’s apartment.

Early in the morning, Barter struck Mayrhofer on the head with a hammer, rendering him unconscious. He then placed a plastic bag over Mayrhofer’s head and dragged his body into the bathtub.

Barter then cut Mayrhofer’s body into pieces, double-bagged the parts and placed the bags in a freezer and refrigerator.

He cleaned the apartment and his clothing, disposing of the knife and meat cleaver he had used.

The following day, he told his parents what he had done.

Barter had no prior history of violence.

He was charged with seconddegree murder but was found to be not criminally responsible because of his schizophrenia.

Barter was then detained under a custodial disposition at the Forensic Psychiatric Hospital in Coquitlam.

On Jan. 14, 2015, the British Columbia Review Board granted Barter a conditional discharge, which it upheld following annual reviews in 2016, 2017 and 2018.

Barter filed an appeal with the B.C. Court of Appeal against the 2018 review, arguing the board erred in not granting him an absolute discharge.

The board declined to grant the absolute discharge because it said Barter remained a significant threat to public safety.

At the time of the 2018 review, Barter was living in a semi-independent apartment operated by a foundation that assists people with mental illness.

Barter’s psychiatrist, Dr. Kevin Stevenson, wrote to the board, saying there had been little change in Barter’s risk to the public since the 2017 review.

Barter said the board’s conclusion that he is a significant threat is unreasonable and not supported by evidence.

He argued their decision ignored positive factors, including his treatment plan, his lack of drug use, his lack of violence, his fiveyear absence of psychosis and support mechanisms in place to assist him in the future.

“While the positive factors are relevant, it was not unreasonable for the board to accept Dr. Stevenson’s opinion that Mr. Barter’s intransigence places him at risk to relapse into psychosis with its attendant risk of violence,” B.C. Court of Appeal Justice David Frankel wrote in his recent decision.

“It is understandable that the board was concerned about Mr. Barter’s ability to handle normal life stressors if unsupervised.”

Barter said “the stigma of having committed murder” is made worse by the board’s decision to continue having jurisdiction over him and that nothing would be gained by further supervision.

He told the board if it did not grant him an absolute discharge, he would waste a year doing what he is doing now and be back for another review next year.

“Mr. Barter’s statements to the board evince his continuing inflexibility, rigid thinking and sense of entitlement,” wrote Frankel. “The board’s decision that he remain on a conditional discharge cannot be said to be unreasonable.”

Frankel dismissed the appeal.