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In Depth: Langdon man found Not Criminally Responsible in killing of his mother

With a long documented history of mental illness, a Langdon man who admitted causing the injuries that resulted in his mother's death, has been found not criminally responsible.
audrademolitor
Audra de Molitor passed away in Calgary Foothills Hospital on June 7, 2023, at the age of 56.

Scott de Molitor, a 31-year-old resident of Langdon, was found Not Criminally Responsible (NCR) in the killing of his mother during his recent court appearance on Oct. 17.

Langdon and Strathmore RCMP reported in June 2023, that de Molitor was charged with second degree murder in the death of Audra de Molitor, a 56-year-old Langdon resident. The charges were later downgraded to manslaughter.

Mounties from the two communities responded to a 911 call about an assault at a Langdon residence on May 26, shortly after noon. Once there, they found Audra de Molitor unresponsive. Audra later succumbed to her injuries while in hospital, according to RCMP. 

According to court documents, de Molitor admits that he caused the injuries that resulted in his mother’s death.

Justice Nancy Dilts said in her ruling that de Molitor met both conditions of the two-step process of finding someone not criminally responsible.

"Both Crown and Defence counsel propose that a finding that Mr. [de Molitor] is not criminally responsible on account of mental disorder is appropriate in the circumstances of this case," stated the court document.

As a result, de Molitor is not acquitted of the offence but is subject to assessment, treatment, and review. Dilts said de Molitor is to be detained in hospital until the Review Board determines otherwise.

Audra's obituary stated she was an incredible wife, mother, and grandmother.

"Her family was always first in her mind and was as protective as a momma bear," the obituary stated. "She loved to hold, love and tutor her precious grandson Dax."

 

NCR ruling process

Determining whether de Molitor was not criminally responsible for his actions, required Justice Dilts to go through a two-stage process, according to court documents. The first stage was to determine whether he was suffering from a mental disorder at the time of the incident. 

The second stage considers the effects of the mental disorder to determine whether he was “incapable of appreciating the physical nature, character and consequences of his actions, or knowing that his actions were morally wrong.”

In her decision, Dilts referenced a statement from de Molitor’s brother, in which it appeared in the days prior to the incident, de Molitor showed signs of paranoia and a disconnect with reality.

“Those signs included him saying that the ravens would not talk to him anymore because his mother made him kill one; and saying in a family text on May 25, 2023 that his father should prepare for mortal combat,” Dilts stated.

The Agreed Statement of Facts includes a transcript of the 911 recordings of de Molitor from May 26, 2023 and observations of first responders who arrived at the scene.

In his 911 call, de Molitor reported that his mother was badly hurt but he had no recollection of what happened. He also said he thought he hurt his mother.

de Molitor said in his 911 call, “I started hearing voices and I blacked out.” 

Dr. Kenneth Hashman, a qualified expert in the areas of forensic psychiatry and psychiatry, testified there are normal fluctuations in mental illness, including moments of lucidity.

The fact that de Molitor was able to speak coherently in his call or to follow directions did not undermine Hashman’s diagnosis or opinion as to de Molitor’s mental state. Hashman expressed the opinion that a lack of recollection of the incident is consistent with severe psychosis.

After being arrested, RCMP took de Molitor to the Peter Lougheed Hospital as they believed he was suffering from a mental disorder. Days later he went to the Foothills Hospital where he was observed confused and without rational or coherent thought.

He remained at the Foothills Hospital until he was admitted to the Southern Alberta Forensic Psychiatry Centre on June 11, 2023, just over two weeks after the incident. 

Hashman testified that in June 2023, he and the clinical team observed de Molitor in a state of acute psychosis.

Based on the evidence, Justice Dilts was satisfied that at the time of the incident, de Molitor was in an acute psychotic state because of inherent, chronic, long standing, treatment-resistant Schizophrenia. 

“I find that his acute psychosis rendered Mr. [de Molitor] incapable of appreciating the nature and quality of his actions and incapable of knowing that they were morally wrong,” Dilts ruled.

 

Mental Illness History

Hashman testified that de Molitor had a long documented history of mental illness culminating in a current diagnosis of chronic, treatment-resistant Schizophrenia. de Molitor first presented with major mental health concerns in 2017 when attending university and his first documented mental health diagnosis occurred in 2018 when he was diagnosed with Unspecified Psychotic Disorder and Cannabis Use Disorder.

Hashman said it is unclear how long symptoms had been present or what caused those symptoms.

By 2022, with persistent severe mental health symptoms and numerous hospitalizations in the interim, de Molitor was diagnosed with Schizophrenia and Cannabis Use Disorder. He was placed on a treatment routine of two injections of anti-psychotic medications every month in an effort to control the disorder.

Like many who suffer from mental illness, de Molitor has a lengthy history of significant drug use, Hashman stated, but his symptoms also appeared in the absence of substance use.

Symptoms of psychosis must persist for six months before a diagnosis of Schizophrenia can be made and must persist for two years before the condition is considered chronic, court documents stated.

Hashman concluded that while de Molitor’s psychosis was exacerbated from time to time by substance use, de Molitor suffers from a primary, chronic, and recurrent psychosis.

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