A Winnipeg man accused of stabbing a taxi driver to death has been found guilty of second-degree murder.
Two sheriffs led Okoth Obeing into a Manitoba’s Court of Kings Bench court room Tuesday morning as his mother, father, brother and sister sat in the gallery.
The 23-year-old was accused in the killing of 44-year-old Balvir Toor in his cab on Burrows Avenue in the early morning hours of March 19, 2020.
"The events of March 19, 2020, are profoundly tragic," Justice Joan McKelvey said as she delivered her 70-page decision. "An innocent man, Balvir Toor, was stabbed to death as a consequence of the accused's fuelled-rage action."
McKelvey said it has been conceited that Obeing killed Toor by stabbing him 17 times.
She said, however, the issue in the case was to determine if Obeing, who has an intellectual disability and bipolar disorder, had the state of mind and capacity to appreciate what he did.
Court heard from a forensic psychiatrist who testified Obeing's disability and disorder left him unable to use thought to control his behaviour when he killed Toor.
However, McKelvey said there were other non-psychotic motives in the killing which she said the psychiatrist did not explore or investigate: anger, feelings of disrespect over Toor's request that he prepay, animus towards people of South Asian backgrounds.
"There is certainly evidence that could support an NCR (not criminally responsible) finding in this case. However, there is also strong evidence pointing in the direction of an intention to kill," McKelvey said.
She said Obeing's after-the-fact conduct also shows conscious thought, saying he fled from the scene, disposed of the weapon, washed blood from his hands and lied to police.
"Clearly, while he told Dr. Waldman he did not know what had triggered his actions, he certainly knew on March 19, 2020, and in the days and the weeks thereafter. This knowledge expressed to others cannot be discounted and shows an intent to kill," she said.
"That intent was fuelled by rage, animus, disrespect and racism that culminated in 17 stab wounds and the killing of Balvir Toor."
McKelvey found Obeing guilty of second-degree murder.
Outside the courthouse, Obeing's defence lawyer Alex Steigerwald said while his client is disappointed, they respect the reasons and the decision of the court.
"Certainly it was a complex case in a complex area of the law," he said. "Mental health was at the forefront of the case overall. My client is an individual who has suffered from a long-standing diagnosis of bipolar disorder as well as an intellectual disability."
He said it is too soon to say if they will be seeking an appeal.
A sentencing date has been set for April 27.
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