Man left hospital in 'highly psychotic' state 1 hour before killing girlfriend, judge hears

WARNING: This story contains graphic details of violence.

A man has been found not criminally responsible for violently killing his girlfriend more than two years ago after court heard he attacked her in their New Westminster, B.C., home during an "intensely or highly psychotic" episode shortly after leaving hospital of his own accord.

Andywele Carlan Mullings, then 42, killed Emily Appleyard with a hammer in their kitchen on March 2, 2021, a little more than an hour after leaving Lions Gate Hospital despite a nurse believing he needed urgent medical attention.

"This case involves deeply tragic circumstances," B.C. Supreme Court Martha Devlin wrote in her decision Friday.

"I am mindful that this decision will not possibly remedy the feeling of pain and suffering you have endured and will continue to endure due to the tragic events ... and the loss of Emily Appleyard," the judge added, addressing those in the courtroom affected by the victim's death.

The judge considered photos, texts, statements, phone calls, medical records and other "comprehensive" evidence during the trial as court heard details about Mullings' behaviour before and after the killing. Mullings had already admitted to killing Appleyard, which left the judge to consider whether he was not criminally responsible by reason of a mental disorder.

No history of mental disorder until week before killing

Court heard Mullings never showed any signs of mental illness until shortly before the murder. His family, employer and the mother of his two children said he had never been diagnosed with a mental disorder.

That February, Mullings' mental health began to deteriorate. He told his children's mother he was worried for their safety and showed up at her home despite her reassurances the children were OK, court heard.

Police arrested him overnight after he refused to leave.

Mullings returned to his children's home to collect his car the next day. He apologized to his former partner but "maintained that someone was out to hurt her, their children, and himself."

"[The children's mother] described Mullings' behaviour as panicked, frantic and manic, and she was not able to make sense of what he was saying."

Over the next 48 hours, Mullings' behaviour worsened. The judgment said he told his aunt someone was trying to kill him with "slow poison," later phoning his boss on March 1 to tell him he believed that person to be Appleyard.

"During this telephone call, Ms. Appleyard came on the phone and told Mr. Haddad she had never seen this side of Mr. Mullings before," the judgment said.

"[The boss] was so concerned about Mr. Mullings' behaviour that he urged Ms. Appleyard to call the police or ambulance."

Despite his behaviour continuing through the night, Mullings left for work at his construction job on the North Shore around 6:40 a.m. on March 2.

Appleyard then phoned police to ask for a wellness check.

Mullings leaves hospital

Officers who responded to Mullings' worksite convinced him to go to Lions Gate Hospital in North Vancouver voluntarily. 

A nurse who assessed Mullings' just before 11 a.m. said he "required emergent care and rapid medical attention and to be assessed by a psychiatrist."

"Unfortunately, before he could be admitted, Mr. Mullings left LGH at 11:19 a.m.," the judgment said.

Appleyard picked him up and drove him back to their Princess Avenue home. She texted Mullings' aunt after they arrived at 12:19 p.m.

"He's back home now and seems like himself again. He has no memory of any of the things he said. Thank you so much," read the message.

Within moments, Mullings beat Appleyard with a hammer and posted a graphic photo of the scene on Facebook. A tenant living in the suite upstairs phoned 911 after hearing a scream and coming down to find Appleyard's body.

Mullings was arrested around 2 p.m. with his hospital bracelet still on his wrist. 

"In his dealings with the police post-arrest, Mr. Mullings continued to express a delusional belief that he had been poisoned, that someone was trying to kill him, and that he was 'trying to stay alive,' as he was the victim," the ruling said.

He was later charged with second-degree murder.

Mullings suffering from 'acute psychotic illness'

A forensic expert who interviewed Mullings found he was suffering from an "acute psychotic illness" at the time of the offence. Schizophreniform disorder is an illness with symptoms similar to schizophrenia but lasts for a month to six months rather than for life.

"There is overwhelming evidence to establish that, due to his mental disorder, Mr. Mullings lacked the mental capacity to know that his actions were morally wrong," Devlin wrote.

"Therefore, I find Mr. Mullings is not criminally responsible on account of mental disorder."

Mullings is being held at a forensic psychiatric hospital until a review board examines his case. After a hearing, Mullings will receive an absolute discharge, a conditional discharge or be ordered to stay at the facility.