Sheepway was in abnormal, 'hyperreactive' mental state at time of man's death, psychiatrist tells murder trial

A forensic psychiatrist, testifying at Darryl Sheepway's murder trial in Whitehorse, said Sheepway was in an abnormal mental state at the time of the killing, but his assessment does not support a conclusion that Sheepway was "not criminally responsible" for the 2015 death of Christopher Brisson.

Dr. Shabehram Lohrasbe was called by the defence to testify on Wednesday in Yukon Supreme Court, before Justice Leigh Gower. There is no jury. 

Sheepway is on trial for first degree murder, and has pleaded not guilty. He has admitted to fatally shooting Brisson during a drug deal rendezvous, but says he was intoxicated by drugs at the time. Sheepway has said he would plead guilty to the lesser charge of manslaughter.

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In his testimony, Lohrasbe talked about his review of Sheepway's case. He said his 30 years of practicing psychiatry has lent him expertise in assessing cases of substance abuse, and that he's testified in more than 600 cases over the years.

He told the court that he has met with Sheepway, reviewed case materials — including a videotaped re-enactment of the crime involving Sheepway, after his arrest — and also spoken with Sheepway's former wife.

According to Lohrasbe, Sheepway was clearly in an "abnormal" mental state at the time of Brisson's shooting. He said Sheepway's addiction to and heavy use of crack cocaine in the preceding weeks would have altered his behaviours and judgement. 

"It seems to me fairly obvious that he was, mentally, something other than his normal self," Lohrasbe said.

He said the evidence suggests Sheepway had become heavily dependant on the drug over a short period, and that may have affected the man's ability to make decisions and consider consequences.

"Normally, we are attentive to the whole panorama of our lives," Lohrasbe told the court. "With cocaine, it's like a spotlight is shining on one corner of the stage."

"When someone goes through a period like that, the information about your life in general, your values, the awareness of consequences, tends to fall away. [It's] a mindset where you're disconnected from many realities of your normal life."

'Did not have insight'

Earlier in the trial, court heard how Sheepway had pulled a gun on Brisson in an attempt to rob him. Sheepway testified that he had no intent to kill, but ended up shooting Brisson after a struggle over the gun.

Sheepway has also testified that he was high on crack cocaine at the time.

According to Lohrasbe, Sheepway's behaviour in those moments was likely influenced by his addiction, and any cocaine in his system, making him "hyperreactive."

Sheepway, he testified, "did not have the mindset you would expect, to go, 'woah, I better back off.' No ability to think through his options ... [He] did not have insight, did not grasp consequences."

But Lohrasbe did not suggest that Sheepway was "psychotic" at the time — he said there was no information to suggest psychosis either before or after the shooting. He also acknowledged that he couldn't be certain of Sheepway's level of intoxication at the time, because the only evidence that speaks to his consumption that day is Sheepway's own testimony.

"If we had levels, it would allow a more confident opinion about consumption and effects of consumption," Lohrasbe said.

He also said his assessment of Sheepway's mental state could not establish something like intent, "as legally defined." 

Apparently rational behaviour

In his cross examination of Lohrasbe, Crown attorney Leo Lane focussed on Sheepway's behaviour immediately before and after the shooting, and suggested that Sheepway was not excessively impaired by drugs at the time.

He pointed to Sheepway's apparent ability to plot a robbery of Brisson, and to Sheepway's apparently rational behaviour after Brisson was killed.

Earlier in the trial, Sheepway described being shaken by the realization that he had killed Brisson, and told of how he went about disposing of the body and other evidence.

Lohrasbe agreed that evidence suggests Sheepway's thinking was not "disordered" in those moments. But he re-iterated that a key moment was when Brisson grabbed Sheepway's gun.

"People in the throes of cocaine dependency can proceed relatively okay, until an unexpected event triggers hyperreactivity," he said.

Lohrasbe also suggested Brisson's death may have served like a "slap in the face" to Sheepway, effectively snapping him back to reality.

The Crown will be arguing to reopen its case and enter expert testimony from another psychiatrist. Court reconvenes Thursday afternoon, with closing arguments expected next week.