Man charged with 1st-degree murder of 2 Saint John boys found unfit to stand trial
Roman Kamyshnyy, 45, ordered to undergo further 30-day psychiatric assessment
A Saint John man accused of killing two boys in the city's north end last month has been found unfit to stand trial, following a five-day psychiatric assessment.
But Roman Kamyshnyy, 45, has been ordered to undergo a further 30-day assessment.
Kamyshnyy is charged with two counts of first-degree murder after police officers found the boys, aged 10 and 17, dead inside an apartment on Skaling Court in Millidgeville on Jan. 29 around 7 a.m., while responding to a 911 call.
Officers also found a man they described as having life-threatening injuries, who was taken into custody and transported to hospital.
Last week, provincial court Judge Lucie Mathurin ordered a five-day assessment be conducted at the Saint John Regional Hospital because Kamyshnyy did not have "full function."
Although he was no longer in a coma, he could not speak and did not respond when the charges were read to him.
On Friday, Kamyshnyy made a remote appearance in Saint John provincial court from the hospital over the phone.
Saint John Police Force Det. Const. Peter Osbourne, who was with him in a private room, advised the court Kamyshnyy has "improved a great deal" since Feb. 13.
Kamyshnyy is now speaking, Osbourne told Judge Kelly Winchester. "His voice is very faint, but yes, you can understand some words," and he was able to read Osbourne's police department-issued business card.
His trach tube has been removed and he's "no longer hooked up to any medical tubes or wires." He has "full mobility" while seated.
"I'm no medical professional, but he seems to understand what I'm saying," said Osbourne.
Kamyshnyy did not have a copy of the fitness report, dated Feb. 20, but Osbourne said he informed him "at length" the reason for court hearing.
"I … asked him several times if he understood. He indicated [he did] with locking eyes on me, stating 'yes,' and shaking his head in a slow manner."
Winchester told the court she reviewed the report from the psychiatrist who conducted the five-day assessment.
"In the doctor's opinion, Mr. Kamyshnyy is currently not fit to stand trial," she said.
Crown seeks 'more fulsome report'
Crown prosecutor Chris Ryan noted that the doctor commented in his report, "it's extremely difficult to predict at this point in time."
"In other words, perhaps with a few more weeks, perhaps the experts can have a more fulsome report," said Ryan.
Given that it's only been a few weeks since the alleged incident occurred and the assessment was only five days long, he asked the judge to consider another 30 days.
The court can "under compelling circumstances" extend an assessment for up to 60 days, he said.
Duty counsel Justin Gulliver agreed 30 days "would be appropriate."
"Fitness is fluid," he said.
Winchester ordered a 30-day assessment be conducted at Restigouche Hospital Centre, or another hospital the clinical team considers medically safe.
The officer reviewed with Kamyshnyy what was happening "just to make sure that he does fully understand."
"He indicated and verbalized, 'Yes,'" Osbourne told the court.
Kamyshnyy is scheduled to be back before the court on March 20. He will remain in custody.
Police have not released the names of the victims, identified only as A.B. and C.D. in court documents, or disclosed the nature of the relationship between them and the accused, saying only that he was known to them.
The Saint John Police Force has not provided any updates on the investigation by forensic identification services, the major crime unit and the family protection unit.
Officials have also declined to disclose more details, such as how the boys died or what, if any, weapons were used, citing the "integrity of the ongoing investigation and court proceedings."
In a brief statement, Staff Sgt. Sarah Hobbs did thank the public for their tips during the investigation, as well as members of the Kennebecasis Regional Police Force for their assistance.
"Again, the Saint John Police sends out our deepest condolences to the family and friends of the deceased at this most difficult time," she said.