The man who killed a police officer with a stolen snowplow after a bizarre rampage through the streets of Toronto two years ago had clearly lost his grip on reality, his first-degree murder trial heard Thursday.
In closing submissions, defence lawyer Bob Richardson said Richard Kachkar could not be held criminally responsible given his delusional state.
"He lacked capacity to form criminal intent,'' Richardson told the jury.
``He wasn't operating in our world.''
Dressed in light dress pants and shirt under a dark blazer, Kachkar, 44, listened impassively as his lawyer reprised the evidence of three psychiatrists, who concluded he was psychotic when he struck and left a dying Sgt. Ryan Russell, 35, bleeding in the snow.
Richardson reminded jurors how a shoeless Kachkar had bolted from a downtown shelter out into the snow on the early morning of Jan. 12, 2011.
"Whatever slim hold Mr. Kachkar may have had on reality, slips away,'' Richardson said.
``His psychotic beliefs are driving his behaviour.''
Kachkar went to, and then fled, a nearby doughnut shop. He jumped into the idling snowplow. He drove erratically through the streets, making frequent U-turns, hitting cars and yelling about Chinese technology, the Taliban and microchips in his body.
Richardson quoted Kachkar as saying later:
``I don't know what happened. It was like a dream or something. A normal person wouldn't do that. I don't know what's going on.''
In fact, the lawyer told jurors, Kachkar had shown signs of a major mental disorder for years, a situation that became increasingly obvious in 2006 after his father died.
Several people who had contact with him in those years were concerned about his mental health before Sgt. Russell's death.
Richardson said the three psychiatrists who assessed him extensively, including one at the prosecution's request were ``uncontradicted'' in their view that Kachkar was suffering full-blown psychosis when he went on his two-hour slow-speed rampage.
``He had completely lost touch with reality,'' Richardson said.
``This case was a tragedy, but it's not a murder.''
The lawyer said the psychiatrists had rejected any suggestion Kachkar was faking his symptoms or had acted in anger, as the prosecution has maintained.
If the jury does decide he was criminally responsible, Richardson said, they should convict him of manslaughter.
``Whichever route the prosecutor is trying to get to murder here, it doesn't stick. It doesn't fly,'' Richardson said.
Kachkar didn't have time to form an intent to kill the officer in the seconds that passed after Russell stopped, got out of his cruiser, fired three shots and was hit by the plow, the lawyer said.
Court also saw dash-cam video that appears to show Kachkar missing from behind the wheel one second before he hit Russell, raising the question of whether he was ducking to avoid the officer's gunfire.
Richardson noted Kachkar had not attempted to hit anyone during his rampage, and may have been trying to avoid Russell.
``We're talking inches, and that's another very sad part of this case,'' Richardson said.
Russell's wife Christine sat with supporters during the submission. She has said she would speak about the trial, which began Feb. 4, after it finishes.
The Crown makes its closing arguments Friday. Superior Court Justice Ian MacDonnell will then charge the jury, which is expected to start deliberations on Monday.
(The Canadian Press)