A 39-year-old homeless man who pleaded guilty to mischief and was convicted of manslaughter after running up behind 89-year old Xiaoxia Wang and forcefully pushing her to the ground has been found not criminally responsible due to a mental illness.
It happened on the eastbound sidewalk of Yonge Street, just north of King Street, on Jan. 20, 2023. Wang fell to the ground where her face and head hit the pavement, causing her head to snap backwards. An autopsy found the cause of death was hyperextension neck trauma due to blunt force facial trauma, causing spinal cord and brain damage, leading to her sudden death.
Superior Court Justice Rita-Jean Maxwell said she accepted the findings of forensic psychiatrist Dr. Maxym Choptiany, who assessed Ryan Cunneen. Choptiany found that Cunneen was untreated and was profoundly psychotic at the time of the offence.
Maxwell agreed and ruled that Cunneen was suffering from schizoaffective disorder bipolar type and may also have been suffering from schizophrenia.
“I accept based on the totality of the evidence, while he was aware the act of pushing someone is morally wrong and equally wrong in the abstract, … because of his disorganized thinking and active psychosis at the time, he was unable to appreciate the moral wrongfulness,” Maxwell said.
In November, assistant crown attorney Meghan Scott and defence lawyer Maureen Addie urged the judge to accept the uncontested diagnosis of the psychiatrist and find Cunneen not criminally responsible (NCR).
Maxwell noted that Cunneen had a long history of being diagnosed with schizoaffective disorder or schizophrenia dating back to 2007 to 2008. His delusions including that he works for the Federal Bureau of Investigation (FBI), believes people are out of get him, has grossly disorganized thinking and has great wealth.
She noted that Cunneen was regularly hospitalized from 2007 to 2017 due to psychotic and hallucinatory symptoms, and was in remission from 2010 to 2017 due to medication. Since stopping medication in 2017, Maxwell said his insight into his mental illness deteriorate and said he would discontinue his treatment if he was not required to.
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Six months prior to the index offence of throwing a brick into a Subway restaurant on Church Street and the manslaughter of Wang, Cunneen, who had been in British Columbia, discontinued his psychiatric treatment after a criminal charge he was facing in the province was stayed, and he returned to Ontario.
In January 2023, he would not have had medication in his system for approximately six months, the judge found. She said based on the surveillance videos shown in court from the day in question, including the arrest and booking video, Cunneen was exhibiting grandiose, paranoid delusions, and disorganized thought.
“I accept that Mr. Cunneen was and continues to suffer from a mental disorder, a major mental illness,” Maxwell said.
In November at his NCR hearing, court and defence told the judge that Cunneen had originally opposed the NCR application, but explained he had changed his mind and was consenting to the NCR application.
Just minutes prior to deliver her NCR verdict, Maxwell said she wanted to ensure Cunneen’s position was fully informed and voluntary given the seriousness of the offence and the consequences of an NCR finding.
The judge pointed out in the report from Dr. Choptiani, Cunneen maintained his contact with Wang was accidental and does not believe he suffers from a mental disorder but he’s nevertheless accepting the finding of NCR.
In the psychiatric report, Maxwell stated that Cunneen said the reason he chose to pursue an NCR assessment was because he doesn’t want a criminal record so that he could travel and access his wealth and property in the United States. Maxwell noted Cunneen also stated “I’m not meant for prison.”
The judge then spent 10 minutes asking Cunneen if he understood the psychiatric report and the outcome of an NCR finding.
“It’s my understanding that you do not accept that you suffer from a mental illness?” Cunneen replied “that’s correct.”
Cunneen agreed with the judge when that he disputed that he was suffering from a mental illness at the time of the manslaughter and maintained that it was an accident.
The judge pointed out that Cunneen had the right to oppose the NCR finding and asked why he was choosing that route.
“I don’t have a criminal record. I have property in the US. I can’t access that. I need to travel to the US. I’m trying to speed up the process, I guess,” he replied.
Maxwell then told Cunneen if found NCR, he would likely be kept in a psychiatric facility for a long time if not indefinite. Cunneen said he understood.
“You said you hoped the assessment would set you free, to Dr. Choptiani” Maxwell said, asking what he meant by that.
“I feel that I would be able to get out at some point. I think that as long as I follow the protocol, I can get out. I think treatment … I think I will do what I need to do, kind of thing,” Cunneen responded.
Maxwell told Cunneen that a disposition of NCR by reason of a mental disorder would mean his future would be in the hand of the Ontario Review Board.
Cunneen said he understood saying, “I have trust in the system for getting me out at some point.”