Man convicted in Marpole double killing
Judge rejects altered-state defence, convicts Kam of first-degree murder in grim double homicide
A judge has dismissed a novel defence that a man accused in the grisly slaying of a Marpole couple in their own home may have been in an altered state due to an addiction to video games, and found him guilty of two counts of murder.
In a ruling released Thursday, B.C. Supreme Court Justice Laura Gerow found that the Crown had proven beyond a reasonable doubt that Rocky Rambo Wei Nam Kam intended to murder Richard Jones, 68, and his wife, Dianna Mah-Jones, and convicted him of first-degree murder.
Kam, wearing a mask, sat impassively in the prisoner’s dock as the judge read out her verdict. He faces a mandatory sentence of life in prison with no parole eligibility for 25 years.
He testified at trial and admitted that he had randomly attacked the couple in their own home, forcing his way in and assaulting MahJones as she arrived at the residence, later slitting her throat with a knife.
When Kam heard a noise at the back of the home, he waited for Jones to enter the home and then attacked him too, using a knife to stab him repeatedly.
He also struck him with a hatchet in what the judge described as a “prolonged” and “controlled” attack.
He moved the couple into the kitchen and tied their legs to a chair before dragging the bodies to the shower in the bathroom.
Altogether he spent more than two hours in the home.
Kam’s lawyers argued that at the time of the slayings their client may have been in a “gaming consciousness” and thought he was in a video game at the time, and submitted that there was not sufficient evidence of intent or planning and deliberation, elements required to prove first-degree murder.
They told the judge that Kam should be found guilty of the lesser offence of manslaughter, not murder.
Dr. Edward Shen, a clinical psychologist, testified at trial in support of the possibility that Kam was in the altered state.
But the Crown pointed to the fact that Kam had bought the weapons used in the slayings at a local Canadian Tire store, and argued that the lengthy and brutal attack was sufficient proof of murder.
The judge noted some shortcomings in Shen’s evidence, including that he did not review any of the crimescene evidence and had no training in forensic psychology.
“Having considered Dr. Shen’s expertise and training, his methodology, his mandate and his reliance on Mr. Kam’s self-reporting, it is my opinion that little if any weight can be given to Dr. Shen’s opinion that Mr. Kam may have been in a “gaming consciousness” at the time of the attacks,” the judge said.
“The evidence establishes that Mr. Kam’s actions before, during and after the attacks on Ms. Mah-Jones and Mr. Jones were goal-oriented. Mr. Kam acted with purpose and foresight in the lead-up to the attack.”
During the attacks Kam inflicted “severe and extensive” injuries to both victims, evidence that is relevant to the issue of intent, said the judge.
Gerow said she did not find some of Kam’s evidence to be credible, including his general efforts to minimize his recollections about the events when asked questions in cross-examination, inconsistencies within his own evidence, and inconsistencies between his evidence and the circumstantial evidence and evidence of others she did accept.
The case has been put over until June 18 when the judge is expected to hear a number of victim impact statements and impose sentence on Kam.