An Alberta court has found a Langdon man who attacked and fatally injured his mother in 2023 was not criminally responsible (NCR) in her death.
The Alberta Court of King’s Bench released a decision in the case against Scott DeMolitor on Thursday.
The court said DeMolitor, who was 31, was originally charged with second-degree murder following the assault, which took place at the family’s home on May 26, 2023. That charge was later downgraded to manslaughter.
DeMolitor’s mother Audra, 56, died of her injuries in hospital on June 7.
At the hearing, held on Oct. 1 and 2, DeMolitor admitted his guilt in his mother’s death.
Justice Nancy Dilts, in her decision released on Oct. 17, said that an NCR determination is made through a two-stage process.
The first stage is to determine whether or not DeMolitor was suffering from a mental disorder at the time of the offence.
The second considers the effects of the mental disorder “to determine whether on the facts of the case the accused was incapable of appreciating the physical nature, character and consequences of their actions” or knowing they were morally wrong.
Dilts said DeMolitor’s case met both of those conditions for an NCR ruling.
Using expert testimony from a doctor who helped determine DeMolitor’s fitness to stand trial and evidence provided by his brother Adam, the court said DeMolitor was exhibiting signs of paranoia and “a disconnect with reality” in the days ahead of the attack.
“The agreed statement of facts also provides insight into Mr. DeMolitor’s mental state at the time of the incident,” Dilts wrote.
“It includes a transcript of the 911 recordings of Mr. DeMolitor from May 26, 2023 and observations of first responders when they arrived at the DeMolitor home and transported Mr. DeMolitor to the RCMP detachment. That evidence establishes that just after noon on May 26, 2023, Mr. DeMolitor called 911 and reported that his mother was badly hurt. When the 911 operator asked him what had happened, Mr. DeMolitor said he was not sure.”
The call was disconnected, but when the 911 dispatcher called DeMolitor back, they asked him what had happened, but he told them he “started hearing voices” and “blacked out.”
He also said he was afraid his dad was “coming to kill him in the middle of the night.”
DeMolitor diagnosed with mental health issues
Dilts said DeMolitor first exhibited symptoms of mental health concerns while in university in 2017.
His first official diagnosis of unspecified psychotic disorder and cannabis use disorder came in 2018.
The doctor who examined DeMolitor, forensic psychiatrist Dr. Kenneth Hashman, told the court that it’s not always clear how long a patient has been suffering from a mental health disorder.
“Symptoms of psychosis must persist for six months before a diagnosis of schizophrenia can be made and must persist for two years before the condition is considered chronic,” the court said.
By 2022, DeMolitor was diagnosed with schizophrenia and cannabis use disorder. He was placed on “a robust treatment routine” consisting of two injections of anti-psychotic medications every month.
Had no memory of events
Dilts said when DeMolitor spoke to the 911 dispatcher for the second time, he was able to tell them where he was and what he was seeing.
“He could describe his mother’s condition, where she was, whether she was bleeding, and how she was breathing,” she wrote.
“He was able to spell his name and follow directions, ultimately letting the first responders into the garage.”
However, when asked about the events leading up to the fatal attack, Dilts said DeMolitor has no memory of what happened.
Hashman, in his testimony, said that a lack of recollection of the incident is consistent with severe psychosis.
“He testified that acute active psychosis can significantly diminish a person’s capacity to appreciate and process what is going on around them and to retain that information,” Dilts wrote.
“Dr. Hashman himself observed instances where Mr. DeMolitor collected fragmented or no memory of events that occurred while Mr. DeMolitor was at (the Southern Alberta Forensic Psychiatry Centre.)”
Even after the incident, on June 11, 2023, Hashman found DeMolitor “in an acute state of psychosis, suffering from delusions, hallucinations and disordered thoughts.”
DeMolitor remains detained in hospital “until the Review Board determines otherwise.”
