Court hears assessment of school kidnapping suspect's mental state
Dakota Hart is facing several charges after an incident that shook an elementary school
A Hamilton court is expected to decide next week if a man accused of kidnapping a student from Earl Kitchener Elementary School is criminally responsible for his actions.
Dakota Hart, 47, faces allegations that he ran off with a young boy from the playground at the west Hamilton public school last year. An adult intervened and the boy was shaken but unharmed.
New details emerged in court Thursday about Hart's interactions with the boy and his mental state at the time, which an expert deemed an "acute state of mania."
Dr. Joseph Ferecz, an expert in forensic psychiatry at St. Joseph’s Healthcare, compiled a 25-page report that concluded that Hart is eligible to be found not criminally responsible.
His behaviour was bizarre.- Dr. Joseph Ferecz, forensic psychiatrist, St. Joseph’s Healthcare
"I don't think we can ever know with total certainty what was going on in his mind," Ferecz said. "I'm not entirely sure he knows why he did this."
The court has yet to rule on the matter — though both defence attorney Andrew Confente and assistant crown attorney Craig Fraser agree that Ferecz's opinion is credible and reliable. The crown originally argued that Hart should be indicted, but changed its position after cross-examining Ferecz.
In the end, it will be Ontario Court Justice Bernd Zabel who decides what happens to Hart. If he is found not criminally responsible for the kidnapping, his case goes to a review board that decides whether or not he is a threat to the public. If he is deemed a threat, he can be sent to a psychiatric hospital at varying degrees of security.
If the court decides Hart is criminally responsible, his case will proceed in criminal court.
Hart held metal post to young boy's face, court hears
According to an agreed statement of facts read out in court Thursday, an off-duty police officer and other witnesses saw Hart last October in the vicinity of Earl Kitchener school without a shirt on, with "a frantic look about him."
Another witness then saw a young boy "running frantically" up Homewood Avenue with Hart chasing after him with a "crazed, angry look in his eyes," the statement reads. Hart caught up to the boy and threw him over his shoulder, while the boy was kicking and screaming.
Then, court documents show, Hart picked up an election sign, tore away the display part and held the metal post portion to the boy's face while yelling at him. Hart then walked off with the boy. The witness lost sight of them for about 45 seconds, before the boy freed himself and ran back, saying he wanted to go back to school.
Hart was picked up by police later that day after he was seen wandering without a shirt on, holding a broom and speaking gibberish.
According to Ferecz, Hart has an extensive psychiatric history and has been in and out of psychiatric facilities in both Ontario and Alberta in recent years. Doctors have diagnosed him with bipolar mood disorder with mania and psychotic features. He is also fixated on a previous family court-related case, Ferecz says.
"He is very preoccupied with several perceived past transgressions," he said. The details of that case are under a publication ban.
Hart also charged in 2nd assault
"I think there's ample evidence to indicate he was in an acute state of mania here," Ferecz said. "His behaviour was bizarre." Ferecz also testified that there is no indication that Hart has ever displayed any paedophilia-like tendencies.
Hart appeared in court Thursday in leg shackles, wearing blue jeans and an orange t-shirt with handwriting on it. The abducted child's mother — who cannot be named because of a publication ban — was also in court Thursday to watch the proceedings.
"I trust what the crown is doing is in the best interest of public safety," she said.
Hart has also charged with assaulting another boy in September, in an incident where he demanded the boy's iPad and scooter before lifting the child's shirt and touching his belly button. Ferecz said he did so in an effort to show the boy he was "not a clone or an alien," because if he was, then he wouldn't have a belly button.
The school board has since enacted a number of rules to ensure a similar incident to the one at Earl Kitchener doesn’t happen again, though parents are split on the proposed changes.
Hart pleaded not guilty to all charges.