Crown seeks mental health review for Moncton man accused of first-degree murder

A Crown prosecutor is seeking to have a man charged with first-degree murder sent for an evaluation to determine whether he can be considered criminally responsible for his actions and whether he is fit to stand trial.

Jake Kristian Mischiek, 22, is accused of shooting Josh Daley at a downtown Moncton apartment building the evening of May 21. 

Mischiek appeared by video conference in a Moncton court Thursday morning. 

Crown prosecutor Annie St-Jacques told Provincial court Judge Lucie Mathurin that Mischiek had recently been released several months ago by the New Brunswick Review Board.

One of the board's responsibilities is to issue or review conditions imposed on a person deemed unfit to stand trial or who is not criminally responsible on account of a mental disorder.

"So we have reason to believe that he might suffer [with a mental health issue]," St-Jacques told the judge. 

She said it would be in his best interest to have the two reviews done as soon as possible while he's in custody. 

However, defence lawyer Annie Maltais objected to the request. 

"It's too early in the process right now," Maltais said, adding that if an evaluation needs to occur, it can take place later in the process. 

She said she received disclosure of the Crown's evidence the day before the court appearance and had not had time to fully review the information. 

A person can be found by a mental health professional to be not criminally responsible for an act committed while suffering from a mental disorder. 

St-Jacques requested a 30-day assessment at the Restigouche Hospital Centre in Campbellton to make the determination. 

St-Jacques also asked for a fitness evaluation, which determines if a person is unable on account of mental disorder to conduct a defence at any stage of the court proceedings. 

The judge adjourned the case until July 20 at 9:30 a.m. to decide whether to grant the Crown's request for an assessment. 

Preliminary hearing dates set

Mischiek's lawyer also requested to schedule a preliminary hearing and Nov. 17, 19 and 20 were set aside. 

Codiac Regional RCMP say they responded to a 911 call around 9:20 p.m. on May 21 for a report of shots fired in an apartment building. 

Daley was found "badly injured" inside the building at the corner of Gordon and Sangster streets. The 27-year-old was taken to hospital, where he died. 

Mischiek was arrested "at a nearby residence a short time later" and taken into custody and made a brief court appearance May 22.