A Hamilton man who stabbed his cousin to death in 2023 has been found not criminally responsible, an Ontario judge ruled Wednesday.
Laureano Bistoyong “unlawfully caused the death” of Mark Bistoyong but is not criminally responsible on account of a mental disorder, Superior Court Justice Andrew Goodman said.
The decision prompted an uproar by family members and supporters in the courtroom, who interrupted Goodman as he was delivering the decision. Some of them yelled at the judge, and one of Mark’s brothers threw a chair and was taken away by police officers.
The Ontario Review Board will look at the case next to decide what will happen to Laureano, likely within 45 days, the court heard. He will remain in custody at St. Joseph’s Healthcare until then.
Outside the courtroom, Merl Bistoyong, Mark’s mother, said she was “disappointed and disgusted with today’s verdict.”
“This is not justice. It’s crime. My son is being victimized all over again, this time by the legal justice system,” she told reporters.
Laureano was looking forward during the proceedings. He was wearing sweats and had his hair and beard long — a sharp contrast to earlier in the trial when he had his hair cleanly cut and wore a suit.
In October 2024, Goodman found Laureano guilty of second-degree murder in his 16-year-old cousin Mark’s death. Laureano stabbed Mark in the chest with a chef’s knife as he sat eating at a family barbecue on July 1, 2023.
The trial heard the case has divided the Bistoyong family, with some no longer acknowledging their family ties.
Goodman originally planned to sentence Laureano in January, but that was delayed for a mental health assessment, and an assessment to determine whether he may not be criminally responsible for the murder.
Laureano, or Lawrence, was 22 when he killed Mark following a rough game of basketball, Crown and defence lawyers agreed during closing arguments of the trial.
They disagreed over whether Laureano meant to kill him. Crown attorney Michael Dean argued the act was planned and intentional. Defence lawyer Jaime Stephenson argued there was no animosity between Mark and his older cousin, who was acting on impulse and didn’t intend for Mark to die.
In the end, Goodman agreed with the Crown.
On Wednesday, Goodman noted it is unusual, but lawful, for a defendant to seek a not criminally responsible defence after a finding of guilt.
Two forensic psychiatrists testified regarding Laureano’s mental health last month.
One of them, Dr. Gary Andrew Chaimowitz testified on Oct. 28 that over 60 days, his team at St. Joseph’s Healthcare Hamilton assessed Laureano and diagnosed him with schizophrenia.
Chaimowitz said that “to a medical certainty” he believed Laureano was experiencing a schizophrenic episode when he killed Mark, and “could not tell right from wrong.”
“He did not see his cousin. He saw a demon,” the doctor said, adding Laureano was deluded and hearing voices from god.
Chaimowitz is a McMaster University professor and department head, who Goodman called a leader in his field.
The doctor said his team repeatedly tested whether Laureano might be lying, noting that it could be in a convicted person’s interest to do so. However, Chaimowitz said, he does not think Laureano is faking his diagnosis. “You cannot fake those things.”
He said Laureano is responding to treatment and displayed numerous “bizarre” symptoms such as “eating his feces,” which “no normal person would engage in unless they were ill.”
Laureano’s symptoms likely developed slowly and “insidiously,” unknown to his family and friends as Laureano withdrew socially and fell behind in school, Chaimowitz said. He told the court that about one per cent of people have schizophrenia but we lack the “resources and education” to understand it.
“In an ideal world something like that would be picked up sooner and he would receive treatment,” the doctor said. “It’s not on the families. It’s on the health-care system.”
Goodman read parts of a 60-page judgement in court Wednesday, noting testimony Dr. Jason Quinn, a forensic psychiatrist based at the Southwest Centre for Forensic Mental Health Care in St. Thomas, Ont., largely mirrored Chaimowitz’s.
Both agreed Laureano had the defence of not criminally responsible available to him.
Goodman said he accepted the expert evidence that while Laureano knew he was stabbing someone, he was unable to determine right from wrong at the time and was not making up his symptoms.
“I have no reason to doubt [the expert’s] conclusions,” he said. “I recognize this ruling may disappoint Mark’s family, friends and others.”
Throughout the trial, dozens of people have come to the courthouse to support Mark’s family. Many have worn high school sports sweaters with his name on them or T-shirts reading “justice for Mark.”
On Wednesday, the courtroom was full and some people had to watch from an overflow room.
As Goodman read his judgement and his verdict became clear, he was interrupted by shouts of “bullshit,” “do you know what you’ve done?” and other exclamations of displeasure from people in the courtroom.
He left the courtroom and police quickly escorted Laureano out, as well as members of his family in the gallery.
After about 15 minutes, court resumed, with police warning anyone who spoke would be made to leave.
After Goodman finished, one of Mark’s brother’s picked up a chair by the exit and threw it into a barrier. A special constable grabbed him, placed his hand on the back of the boy’s neck and forced him out of the courtroom.
Special constables barred the courtroom doors and made everyone in attendance wait to exit. Many shouted and voiced their displeasure, demanding to be let go. After about 10 minutes, police let everyone out.
When she spoke to reporters, Merl said “the cops strangled” her son and had “five people on top of him.” She said she would be taking him to the hospital and wanted those officers’ badge numbers.
CBC Hamilton requested comment from Hamilton police but did not receive an immediate response.
Goodman said Wednesday that while trials are not meant to memorialize victims, “this case was different.” Over 200 people submitted victim impact statements during the trial, sharing how they were affected by Mark’s death. Goodman said that was an “unprecedented” amount.
He said courts don’t normally allow so many people to submit statements but that in this case, it was important for Laureano to know the impact of his “despicable” actions and the public to be aware of the “potential” Mark had.
“I will never meet Mark,” but learned so much “about this amazing young man,” Goodman said.
“Mark has affected, heartened, influenced and supported more people … than many people do in their lifetime,” the judge added.
People in the courtroom could be heard crying as he read aloud from several people’s statements, describing Mark as sweet, warm, a role model, funny and helpful.
Speaking to those who knew Mark, Goodman said he would be unable to impose the sort of “eye-for-an-eye retribution” many asked for in their statements, but that did not mean he didn’t understand their pain.
“The law directs me otherwise.”
If you’re affected by this report, you can look for mental health support through resources in your province or territory.
