Driver who killed Bells Corners teen found not criminally responsible
The man who struck and killed a Bells Corners teen with his car last year, then stripped naked and ran through the west Ottawa neighbourhood, has been found not criminally responsible.
Guillermo Escobedo-Hoyo, a Mexican national in Canada on a work visa, was initially charged with second-degree murder in the Jan. 17, 2018, death of 17-year-old Nicholas Hickey.
According to an agreed statement of facts, Hickey was struck while walking on the sidewalk and was carried by the 39-year-old's car for 27 metres before being thrown into a snow drift.
Hickey's ribs, brain stem and spinal cord were crushed, and he died almost immediately from blunt force trauma.
After striking Hickey, Escobedo-Hoyo took off his clothes and ran down the street. He broke the door window of an OC Transpo bus, then banged on the doors of several homes before entering one and demanding a gun from the homeowner.
Once he was arrested, Escobedo-Hoyo gave conflicting accounts of what happened. He first told police he chased an intruder and struck him with his car after the stranger broke into his home and smashed his cello.
He later told a homicide detective he'd given his clothes to a black male who ended up smashing his car, according to the statement of facts.
Psychotic episode
The court heard Escobedo-Hoyo had been diagnosed in Mexico with bipolar disorder. Two psychiatrists who assessed him testified he was suffering from a psychotic episode when he killed the teen.
Doctors said sleep deprivation and cannabis use likely contributed to the psychosis.
Justice Robert Maranger said Thursday that the evidence overwhelmingly supported the not-criminally-responsible finding, but acknowledged such a verdict would be painful for Hickey's family to accept.
"The court recognizes that this will not bring back Nicholas," said Maranger.
After Thursday's hearing, Escobedo-Hoyo was remanded back into custody. He will appear before the Ontario Review Board within the next 45 days for a risk assessment, then transferred to a locked ward in a mental health facility.
The board will also decide if Escobedo-Hoyo should be deported after his Canadian wife completes divorce proceedings.
Smart, funny student
More than 20 people attended Thursday's hearing to support Hickey's family, including his teachers at Ottawa Technical Secondary School.
Sobs echoed through the courtroom as soon as proceedings began.
In victim impact statements, Hickey was remembered as a brilliant student with an IQ in the top 97th percentile. He had mild autism but was challenging himself to be more socially interactive.
Three teachers described Hickey as funny and creative, with a strong sense of social justice. They broke down when they described how Hickey was thriving at school, and how their hopes for the teen had now been destroyed.
Tracy Mellon, Hickey's mother, said she couldn't accept Escobedo-Hoyo wasn't guilty because of a mental health disorder.
She described how she and Hickey's stepfather were now struggling with depression and post-traumatic stress disorder, how they tossed and turned in their sleep, constantly worried they would receive another call about a deceased child.
'Too painful'
In her victim impact statement, Mellon demanded an apology from Escobedo-Hoyo for killing her son, but only received his downcast gaze.
When the proceedings were over, Escobedo-Hoyo's mother approached the family and, through an interpreter, offered condolences and asked for forgiveness.
She also offered Mellon a hug, which she accepted — but said it wasn't enough.
"It helped, but she wasn't the person that murdered my son. Her son was the person that murdered my son, and I think I deserve an apology from him."
Thomas Mellon, Hickey's stepfather, said it was impossible for her to know how the still-grieving family feels.
"She hopes we can find it in our hearts to forgive her son, " he said. "Hopefully in the future, we might be able to ... but it's too painful right now."
