Thomas Chan – who claimed magic mushrooms caused him to have an “unprovoked” attack – has been found guilty of manslaughter in the death of his father and guilty of aggravated assault against his father’s longtime partner.
There were tears and hugs in a Peterborough Superior Court courtroom on Thursday morning as Justice Cary Boswell handed down his decision. He said Chan, 21, must be held responsible for the death of his father, Dr. Andrew Chan, and permanent injuries to Dr. Chan’s longtime partner, Lynn Witteveen.
Justice Cary Boswell also quashed an argument by Chan’s lawyers to have him declared not criminally responsible for the crime.
Chan was arrested and charged with the second-degree murder and attempted murder following an early morning incident at Dr. Chan’s Haggis Drive house in Peterborough on Dec. 28, 2015.
He pleaded not guilty to the charges.
“This case isn’t about whether Thomas did the crime — he did,” Boswell said in his opening remarks. “It’s about whether Thomas is criminally responsible for what happened.”
The trial heard Chan consumed magic mushrooms with friends hours before breaking into his father’s house. It was unclear how many mushrooms each person took. Court heard Chan took an extra dose after failing to feel the effects when his friends did, then began to meditate in order to enhance the experience.
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Court heard that around 2 a.m. Chan’s behaviour began to change. His friends – who were with him that night – testified he began ranting about religion and called himself “God.” He then began calling people “devils,” including his mother and sister.
After getting into a confrontation with his friends and family, Chan ran from the house, making his way to his father’s house, court heard. Video surveillance obtained from cameras in Dr. Chan’s living room showed Chan entering the house barefoot, with his shirt open. A struggle could be heard off-camera.
Witteveen testified she got out of bed after hearing a commotion. She saw Dr. Chan and Thomas in the kitchen and that her partner had his hands in front of him, saying, “Thomas it’s Daddy, it’s Daddy.”
She testified Chan then stabbed his father and then and stabbed her in the chest.
Witteveen said she made it back to a bedroom and was calling 911 when Chan stabbed her again.
Court heard she was stabbed multiple times during the attack. She has since had eight surgeries, which included the removal of her right eye and sections of her bowels, and hernia repair. She suffered vocal chord paralysis and wounds to her arm and chest which have caused mobility issues.
LISTEN: Lynn Witteveen’s 911 call on Dec. 28, 2015
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