Oscar Arfmann listens to closing arguments on Aug. 1 during his trial for the first-degree murder of Abbotsford Police Const. John Davidson. (Sketch by Felicity Don)

Oscar Arfmann listens to closing arguments on Aug. 1 during his trial for the first-degree murder of Abbotsford Police Const. John Davidson. (Sketch by Felicity Don)

UPDATE: Judge agrees to hearing on cop killer’s mental state

Oscar Arfmann convicted of first-degree murder, but could be found not criminallly responsible

Oscar Arfmann was convicted Thursday of the Nov. 6, 2017 fatal shooting of Abbotsford Police Const. John Davidson, but the judge has agreed to a hearing on Arfmann’s mental state at the time of the killing.

Justice Carol Ross ruled Thursday morning in B.C. Supreme Court in New Westminster that Arfmann, 67, is guilty of first-degree murder.

But in the afternoon session, defence lawyer Martin Peters said his client has previously been diagnosed with schizophrenia, and he would like an assessment to determine whether Arfmann is not criminally responsible (NCR) due to a mental disorder.

Crown lawyer Theresa Iandiorio said that Arfmann has previously met eight times with a psychologist and on none of those occasions did he discuss the offence or what his state of mind might have been at the time.

Ross agreed that Arfmann should complete another assessment on his mental state by Nov. 29, and that a hearing on the matter would take place next year from Feb. 3 to 28.

Evidence that was not presented at his trial – including Arfmann’s mental-health history and statements from his family – will be included at the hearing.

In convicting Arfmann , Ross addressed defence assertions during the trial that the Crown had failed to prove that Arfmann was the man who had shot and killed Davidson, 53, in a business complex on Mt. Lehman Road.

Defence lawyers had pointed out some inconsistencies in witness descriptions of the man that had been seen during and after Davidson was shot.

They also questioned the handling of the rifle that was taken from the vehicle in which Arfmann was arrested minutes after the shooting.

But Ross said she had no doubt that Arfmann was the man responsible for the killing and everything that preceded it.

“I have concluded that, based on a review of the totality of the evidence, and giving consideration to areas in which there are inconsistencies and gaps in the evidence, that the Crown has proved beyond a reasonable doubt that Mr. Arfmann is the man who committed the unlawful act of shooting Const. Davidson,” Ross said.

She said Arfmann had stolen a 2013 black Ford Mustang from the Fraser Valley Auto Mall two days before the shooting.

On the day of the killing, he shot at two auto mall employees who confronted him about the stolen vehicle. He then left the business complex and returned.

Witnesses had called police about shots being fired, and Davidson was the first to arrive on scene.

Ross said Arfmann shot Davidson twice from behind, once when he was already down on the ground.

Arfmann was arrested not far from the scene after police chased him, crashed into the vehicle he was driving and shot at him.

Among the items found on Arfmann and in the Mustang were three knives, a rifle, cartridges for the gun, and photo ID, including his passport.

Ross said blood found on the rifle was later shown to match Arfmann’s, and forensic testing proved that the rifle was the same one used in the two shootings at the business complex.

She said there was no other conclusion she could reach other than that Arfmann is guilty.

“In my view … there are simply no other plausible theories or other reasonable possibilities based on logic and experience applied to the evidence – or the absence of evidence – and not on speculation.”

Conviction for first-degree murder comes with an automatic life sentence with no parole eligibility for 25 years.

An NCR ruling would mean that the judge believes that Arfmann did not have the capacity to appreciate his actions and know right from wrong at the time of the offence.

Individuals who receive such a ruling fall under the mandate of the BC Review Board, which conducts an assessment to determine whether the person should be detained in a hospital, discharged in the community under certain conditions or discharged without conditions.

tweet

More to come …

RELATED: Const. John Davidson was ‘ambushed’ by shooter, Crown says on first day of trial

RELATED: ‘Not criminally responsible’ ruling a possibility for man accused of killing Abbotsford cop

Report an error or send us your tips, photos and video.

Vikki Hopes | Reporter

@VikkiHopes

Send Vikki an email.
Like the Abbotsford News on Facebook.
Follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

Abbotsford Police Const. John Davidson was killed in the line of duty on Nov. 6, 2017.

Abbotsford Police Const. John Davidson was killed in the line of duty on Nov. 6, 2017.

Just Posted

Mission Fire Rescue Service holding a training session in 2016. Bob Friesen photo.
Firefighter’s human-rights complaint against District of Mission dismissed

District had just reason for firing man for insubordination, B.C. Human Rights Tribunal found

The annual Toys for Tots event in Abbotsford normally includes a free breakfast for anyone who drops off a toy or cash donation. This year’s event was to be held as a drive-thru, but that has also been cancelled. (File photo)
Toys for Tots drive-thru event cancelled in Abbotsford

Public encouraged to donate cash or bring toys to drop-off locations

Abbotsford Panthers star Haidyn Vermeulen (right) celebrates his signing with the Alberta Golden Bears football program along with his mother Niki Vermeulen and father Dan Vermeulen back in September.
Abbotsford’s Haidyn Vermeulen named to CFC Prospect Game

Abbotsford Senior Secondary School student one of 14 from B.C. to earn recognition

Shane Goodvin had just bought a house with wife Laura Major when he started experiencing severe back pain. That led to a diagnosis of pancreatic cancer, and the father of five children is now in rough shape. (Submitted photos)
GoFundMe set up for Chilliwack man fighting pancreatic cancer

Shane Goodvin has five children and a loving wife, and he’s worried about their future

The annual West Coast Christmas Show is normally held at Tradex in Abbotsford, but this year’s event is taking place as an online shop. (Abbotsford News file photo)
West Coast Christmas Show goes virtual for 2020

Annual event, normally held at Tradex in Abbotsford, holds online shop

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

A fentanyl test strip is used at Vancouver Coastal Health in Vancouver, Tuesday, January, 21, 2020. The test strips will be made available to drug users to ensure that their drugs are safe and free of Fentanyl. THE CANADIAN PRESS/Jonathan Hayward
Drug overdoses lead to 5 deaths each day in October; drug toxicity continues to increase

COVID-19 crisis continues to exacerbate the overdose crisis

An employee of the Adventure Hotel was taken to hospital on Nov. 20 after she confronted a customer of Empire Coffee about not wearing a mask. File photo.
Nelson hotel employee suffers heart attack after being assaulted in anti-mask incident

An accountant at the Adventure Hotel is in hospital in Kelowna

Damien Smith, with father Thomas Smith, is “frozen” with joy as he watches a special message Deadpool star Ryan Reynolds recorded for Damien’s 9th birthday on Tuesday, Nov. 24, 2020. (Contributed)
Shuswap boy celebrates 9th birthday with family, community and Ryan Reynolds

People from around the world send birthday cards showing young Canoe resident he’s not alone

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

(Ashley Wadhwani/Black Press Media)
Refuse to follow B.C.’s mask mandate? Face a $230 fine

Masks are now required to be worn by all British Columbians, 12 years and older

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

Beaver Creek RCMP Cpl. Robert Drapeau, left to right, Gary Bath, Lynn Marchessault, Payton Marchessault, Rebecca Marchessault and Tim Marchessault pose in this recent handout photo near the Canada-U.S. border crossing near Beaver Creek, Yukon. A family reunion trip for the woman from Georgia that left them stranded ended on a bright note when Bath drove them to the Alaskan border following an appeal for help. THE CANADIAN PRESS/HO, Gary Bath *MANDATORY CREDIT*
Help from B.C. man allows American family to reunite in Alaska

Lynn Marchessault drove from Georgia to the Alaska border to join her husband, who serves in U.S. military

Most Read