An psychiatric assessment has determined a Moncton man charged with first-degree murder can be held criminally responsible for his actions.
Jake Kristian Mischiek, 21, is charged in connection with the shooting death of Josh Daley, 27, at an apartment in downtown Moncton on May 21.
A judge last month ordered Mischiek to undergo the assessment at the Restigouche Hospital Centre in Campbellton, the province's psychiatric hospital, to determine if he can be held responsible. It followed a separate assessment that found he was found fit to stand trial.
A person can't be criminally responsible for an act while suffering from a mental disorder that renders the person incapable of appreciating the nature and quality of the act or of knowing that it was wrong.
Mischiek's lawyer Annie Maltais told provincial court Judge Brigitte Volpé that she accepts the finding in the assessment report.
Mischiek is scheduled to return to court Sept. 10 at 9:30 a.m. to set dates for a preliminary inquiry. He remains in custody.
Codiac Regional RCMP say they responded to a 911 call about 9:20 p.m. on May 21 about shots being fired in a downtown apartment building.
Daley was found "badly injured" inside the building and taken to hospital, where he died.
Mischiek was arrested at a nearby residence a short while later, police said in May.
Mischiek was previously diagnosed with schizophrenia and substance use disorder, which led to him being deemed not criminally responsible for charges laid in 2017. Those charges included possessing a weapon contrary to a judge's order, possessing brass knuckles and failing to comply with a probation order.
Mischiek was then admitted to the Restigouche Hospital Centre, where he remained until September 2019. He was released but then readmitted in January after violating his release conditions.
The New Brunswick Review Board released him again in March, but in a written decision described him as a "significant threat to the public."
The decision includes testimony from Dr. Ralph Holly, a psychiatrist, who told the board that every time Mischiek uses methamphetamine, he "automatically gets into trouble."
Two months later, Mischiek was charged with first-degree murder.