Oscar Arfmann listens to closing arguments on Aug. 1 during his trial for the first-degree murder of Abbotsford Police Const. John Davidson. (Sketch by Felicity Don)

UPDATE: Judge agrees to hearing on cop killer’s mental state

Oscar Arfmann convicted of first-degree murder, but could be found not criminallly responsible

Oscar Arfmann was convicted Thursday of the Nov. 6, 2017 fatal shooting of Abbotsford Police Const. John Davidson, but the judge has agreed to a hearing on Arfmann’s mental state at the time of the killing.

Justice Carol Ross ruled Thursday morning in B.C. Supreme Court in New Westminster that Arfmann, 67, is guilty of first-degree murder.

But in the afternoon session, defence lawyer Martin Peters said his client has previously been diagnosed with schizophrenia, and he would like an assessment to determine whether Arfmann is not criminally responsible (NCR) due to a mental disorder.

Crown lawyer Theresa Iandiorio said that Arfmann has previously met eight times with a psychologist and on none of those occasions did he discuss the offence or what his state of mind might have been at the time.

Ross agreed that Arfmann should complete another assessment on his mental state by Nov. 29, and that a hearing on the matter would take place next year from Feb. 3 to 28.

Evidence that was not presented at his trial – including Arfmann’s mental-health history and statements from his family – will be included at the hearing.

In convicting Arfmann , Ross addressed defence assertions during the trial that the Crown had failed to prove that Arfmann was the man who had shot and killed Davidson, 53, in a business complex on Mt. Lehman Road.

Defence lawyers had pointed out some inconsistencies in witness descriptions of the man that had been seen during and after Davidson was shot.

They also questioned the handling of the rifle that was taken from the vehicle in which Arfmann was arrested minutes after the shooting.

But Ross said she had no doubt that Arfmann was the man responsible for the killing and everything that preceded it.

“I have concluded that, based on a review of the totality of the evidence, and giving consideration to areas in which there are inconsistencies and gaps in the evidence, that the Crown has proved beyond a reasonable doubt that Mr. Arfmann is the man who committed the unlawful act of shooting Const. Davidson,” Ross said.

She said Arfmann had stolen a 2013 black Ford Mustang from the Fraser Valley Auto Mall two days before the shooting.

On the day of the killing, he shot at two auto mall employees who confronted him about the stolen vehicle. He then left the business complex and returned.

Witnesses had called police about shots being fired, and Davidson was the first to arrive on scene.

Ross said Arfmann shot Davidson twice from behind, once when he was already down on the ground.

Arfmann was arrested not far from the scene after police chased him, crashed into the vehicle he was driving and shot at him.

Among the items found on Arfmann and in the Mustang were three knives, a rifle, cartridges for the gun, and photo ID, including his passport.

Ross said blood found on the rifle was later shown to match Arfmann’s, and forensic testing proved that the rifle was the same one used in the two shootings at the business complex.

She said there was no other conclusion she could reach other than that Arfmann is guilty.

“In my view … there are simply no other plausible theories or other reasonable possibilities based on logic and experience applied to the evidence – or the absence of evidence – and not on speculation.”

Conviction for first-degree murder comes with an automatic life sentence with no parole eligibility for 25 years.

An NCR ruling would mean that the judge believes that Arfmann did not have the capacity to appreciate his actions and know right from wrong at the time of the offence.

Individuals who receive such a ruling fall under the mandate of the BC Review Board, which conducts an assessment to determine whether the person should be detained in a hospital, discharged in the community under certain conditions or discharged without conditions.

tweet

More to come …

RELATED: Const. John Davidson was ‘ambushed’ by shooter, Crown says on first day of trial

RELATED: ‘Not criminally responsible’ ruling a possibility for man accused of killing Abbotsford cop

Report an error or send us your tips, photos and video.

Vikki Hopes | Reporter

@VikkiHopes

Send Vikki an email.
Like the Abbotsford News on Facebook.
Follow us on Twitter.

 

Abbotsford Police Const. John Davidson was killed in the line of duty on Nov. 6, 2017.

Just Posted

Westbound vehicles gridlocked on Highway 1 from crash in Langley

Estimated wait time to get past 248th Street is over an hour from Bradner Road

B.C. man who murdered Belgian tourist near Boston Bar gets life in prison, no parole until 2042

Sean McKenzie pleaded guilty to second-degree murder of 28-year-old Amelie Christelle Sakkalis

B.C.’s ‘Dr. Frankenstein of guns’ back in jail yet again for trafficking in Glock parts

Bradley Michael Friesen has parole revoked for allegedly importing gun parts yet again

Starrett’s Pond in Hope to become healthy salmon habitat

Volunteers planted 3,600 trees, shrubs and willow whips at gravel pit

Intergenerational music time connects preschoolers with seniors in Hope

Hope Preschool and Daycare Centre brought its new intergenerational music time to Fraser Hope Lodge

VIDEO: Ron MacLean says he doesn’t believe former co-host Don Cherry is racist

Sportsnet fired Cherry on Nov. 11, two days after controversial on-air comments during ‘Coach’s Corner’

Man accused in fatal Shuswap church shooting also charged with arson

Parmenter family home badly damaged by fire a month before killing

PHOTOS: Patients pelt doctors with snowballs, all for BC Children’s Hospital

The snowball fight was to raise funds for the annual Snowball Fight for Kids Campaign

Union to prepare for picket lines, announce new measures in transit strike escalation

Unifor said the move comes after a ‘failure by the employer to make new offers at the bargaining table’

Workers union calls strike vote in SkyTrain labour dispute

Mediated talks are scheduled to begin Nov. 28

‘Our culture is not a religion,’ Indigenous educator tells B.C. Supreme Court in case of smudging at school

Mother also gave evidence Tuesday in Nanaimo courtroom, case continues Wednesday

Trudeau to take sober approach to unveiling new cabinet for minority mandate

Liberals survived a bruising campaign that diminished Trudeau’s stature as a champion of diversity

Lowe’s says it will close 34 ‘underperforming’ stores across six provinces

The stores include 26 Ronas, six Lowe’s and two Reno-Depots

Most Read