The Hamilton Spectator

Man who nearly cut other’s head off to undergo psychiatri­c tests

- SUSAN CLAIRMONT Susan Clairmont’s commentary appears regularly in The Spectator. sclairmont@thespec.com 905-526-3539 | @susanclair­mont

A man who pleaded guilty to manslaught­er while representi­ng himself is now being assessed by a psychiatri­st to determine if he was not criminally responsibl­e (NCR) when he nearly sliced his victim’s head off.

This is the latest twist in the saga of Darryl House, a violent criminal who also grapples with severe mental health issues.

For months, the justice system has carefully and slowly dealt with the legal and psychiatri­c conundrums surroundin­g House’s case, in an effort to determine if he should be in a prison or a hospital.

House appeared in court Tuesday and was found fit to once again represent himself and stand sentencing after a long period in which he was deemed unfit by a psychiatri­st.

That having been dealt with, the next step was to determine if House wanted to have an NCR assessment. The moment he entered the courtroom and before Justice Tony Leitch could ask, House announced he wanted the assessment.

But a couple of hours later, when he was brought back in to finalize the order, he had changed his mind. He didn’t want the assessment because he didn’t want to go back to Waypoint Centre for Mental Health Care in Penetangui­shene — the province’s most secure forensic hospital. And if the court made him go, House said he wouldn’t talk to anybody.

“You’re telling me if you go there, you’re not going to participat­e in the assessment?” asked Leitch.

“That’s right,” said House. “I just want to plead. I want to plead. I’m not insane. I understand. I’m fit for trial. I want to plead as soon as possible.”

Of course, House had already pleaded, several months ago. But he is yet to be sentenced.

House has been convicted of manslaught­er in the death of Richard Crowder, a 31-year-old father of two. The two had an ongoing beef when House stabbed him completely through his neck in a notorious downtown crack house.

So the case was put over to Friday to give lawyers a chance to find another facility that could do the NCR assessment. And though they did find one, by Friday’s court appearance House was insisting he didn’t want an assessment no matter where it was.

So then the option was deferred to Crown attorney Brian Adsett, who is planning to ask for a 15-year penitentia­ry term for House if he eventually is sentenced. Did the Crown want to bring an applicatio­n for the NCR assessment? He did. And so it was left to Leitch to make a decision between competing principals of fundamenta­l justice: those who are NCR should not be sentenced, yet a fit accused should be able to control his own defence.

In the end, Leitch ordered the assessment. At Waypoint.

”It may not be a decision you agree with,” Leitch told House. But today, you are in the best shape I’ve seen you since we met … I believe the best place for you is in the same hospital that brought you to this point.”

“You’re forcing me to go somewhere I don’t want to be,” countered House.

“I understand that,” said the judge. “But the alternativ­e is you’ll end up in jail for years.” “I’m willing to do that.” “Mr. House, please take your medication at Waypoint.”

House will be back in court in March. If he is determined to be NCR, and didn’t understand what he was doing at the time of the homicide, he will be sent to a secure psychiatri­c hospital indefinite­ly. If he is found not NCR, he will immediatel­y begin his sentencing hearing for manslaught­er.

 ?? MARCELA PRIKRYL, SPECIAL TO THE HAMILTON SPECTATOR ?? Darryl House told a judge Friday he preferred to go to prison, not a psychiatri­c facility.
MARCELA PRIKRYL, SPECIAL TO THE HAMILTON SPECTATOR Darryl House told a judge Friday he preferred to go to prison, not a psychiatri­c facility.

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