Will Tim McLean's Killer Be Held Criminally Responsible For His Actions Or Not

Crooked in Canada

Not just about politics and in your face.

Will Tim McLean’s Killer Be Held Criminally Responsible For His Actions Or Not

December 11th, 20082 Comments

The animal that cut off Tim McLean’s head and then ate his flesh on a Greyhound bus will find out in March whether or not he can be held criminally responsible for his actions, a decision that will be made by forensic psychiatrists but not necessarily supported by the Manitoba judge who will be on the bench during the three-day trial.

I hope for the victim’s family’s sake the three forensic psychiatrists and the judge don’t follow the same logic as their counterparts did in Alberta when the killer of Steven Tavares, a man who tricked his way into a sleeping Tavares’s room and stabbed him 28 times wasn’t held criminally responsible for his actions. If that happens Li will likely be back on the streets of Canada in about three years time.

Of course there are differences between the two murder cases, the first one being that by all appearances Li acted on the spur of the moment, whereas Stephane Gaetan Lee formulated a plan as to how he was going to gain access into his victim’s room so that he could stab him to death. Coincidentally, their names are pronounced in the same way. Weird or what?

Li snapped. Lee didn’t. Lee was charged with first-degree murder while Li is charged with second-degree murder.

Both obviously have mental health issues, probably have had them for most of their lives, and yet neither of them killed anybody before they committed their dastardly deeds.

Li was a 40-year-old drifter before he took McLean’s life, while Lee was twenty-three before he took Tavares’s life.

McLean’s mother is hoping that Li never walks the streets again, while Tavares’s mother expected same but was horribly disappointed when Justice Peter Martin decided that the assessments submitted to the court by doctors George Duska, Liya Xie, and David Tano were good enough for him to conclude that Lee couldn’t be held criminally responsible for his actions because of Lee’s paranoia.

Funny, I’m paranoid and delusional sometimes, but I have never murdered anybody, at least not yet anyway, and I’m forty-seven.

Hmm…Ya think if I did have a brain snap and did kill somebody that I could trick forensic psychiatrists into believing I was paranoid and delusional?

I bet I could, in fact I bet anybody who is facing a life time in prison could trick those who hold their fate in their hands into believing or assuming anything. Just because one is a forensic psychiatrist doesn’t mean that he or she can’t be tricked.

What do you think, am I right or what?

Funny how both of these killers managed to make it through life without having a brain snap and killing somebody before, and then poof two people wind up dead.

According to my way of thinking (rational, logical or not), I would have to conclude that both men knew the difference between right and wrong, and that killing somebody wasn’t worth being locked up for the rest of their lives, at not least until Li and Lee decided to kill somebody.

In my book that makes them sane enough to be held criminally responsible for their crimes, though I will admit that I am more inclined to believe that Li is, and was, more f**ked up than Lee when he ended McLeans life without having to trick his way onto the bus. I doubt there was any premeditation on his part, and that it was a schizophrenic moment that drove him to his madness, and if he were found not criminally responsible for his actions I would expect that at the very least he spent the rest of his day locked up in a mental institution, which should have been the case when Lee was found not criminally responsible by Justice Peter Martin for the murder he committed.

Interesting sidebar about Lee’s trial; did you know that Lee’s mother took a vacation in New Zealand at the time her son was to stand to trial? I don’t if the trial was delayed because of her vacation or not, but taking a vacation while your son is on trial for murder doesn’t say much about the mother does it?

Lee was a calculating and cunning when he committed his crime, the proof in the fact that he took the time to trick hotel security into letting him into his victim’s room instead of kicking down the door before he stabbed his sleeping victim 28 times. Li was not; at least I don’t think he was. It sounds to me like Li just totally lost it, whereas Lee rationally planned how he was going to get even with Tavares’s, his co-worker at Nexxa Industry with whom he had a fight with earlier, a fight broken up by other co-workers.

Another coincidence between the two murders is that both victims were sleeping when they were murdered. They weren’t a threat to anybody.

If both of these killers are as mentally imbalanced as they and the psychiatrists will have us, or want us to believe, then how come Li and Lee able to make it through life without killing somebody before they committed their heinous crimes?  What preventing them from killing somebody before, common sense and the awareness that murdering somebody was wrong. I find it hard to believe that two men, who managed to go through life without killing anybody, or causing harm to somebody else, couldn’t be found criminally responsible for their murderous acts.

Brain snap or not Lee knew what he did was wrong, that’s why he fled to Calgary to tell his mother and sister what a terrible thing he had done. That action alone should be proof enough to anybody, forensic psychiatrist or not, that Lee knew what he was doing all along, from tricking hotel security into letting him into Tavares’s room to returning to Calgary immediately after to tell his family what he had done.  Call me mad, but it if Lee was sane enough to do that, he was definitely sane enough to be held criminally responsible for his actions.

As for Li, if I was Tim McLean’s mother I wouldn’t hold my breathe expecting her son’s killer to be found criminally responsible for his actions, but I would certainly expect Li to be locked up for the rest of his life in a mental health institution somewhere in Canada if not Manitoba, unless of course there’s a clone of Justice Peter Martin sitting on the bench, and cloned Alberta mental health authorities in that institution treating the man who butchered her son.

I hope for Mrs. McLean’s sake the latter isn’t the case, but given the similarities between the two murderers and the murders, I wouldn’t be surprised to hear that Li is walking streets in Canada three years from next March.  If that happens Canadians should be up in arms and demanding that changes to the mental health act as it applies to murderers be changed immediately, not that those changes shouldn’t be happening now.

Petition for new legislation for those found not criminally responsible for their actions

Players in the Stephen Tavares Murder Case…
Court Dispositon
Killer on the Street: Email from Victim’s Mother
Justice Peter Martin failed Steven Tavares
Stephan Gaetan Lee: A Cold-Blooded Killer

Sphere: Related Content


Tags: Homicidal Maniacs

2 responses so far ↓

  • 1 CJ // Dec 11, 2008 at 4:36 PM

    How come this is such a big deal for you. There are lots of murderers mentally ill and not who go to jail and then get out. The difference is those that go to jail and get their freedom after a few years have no follow up. The ones that go through the NCR system have follow up.

    Furthermore, because you are paranoid and delusional sometimes I think you should go to jail because you might do something bad when you are off your medication.

    CG says

    Lol, are you implying that somebody who savagely and brutally kills somebody is no longer a risk to the community at large after only 3 years of incarceration, and because they are medicated?

    Are you suggesting that just because there are follow-up procedures and monitoring in place that the murderer isn’t capable of committing the same crime again.

    And last but certainly not least, are you suggesting that 3 years in a mental hospital is appropriate for somebody who planned and committed murder, which is what Stephane Gaetan Lee did? Are you calling that justice for a man who was charged with first-degree murder? You do know what first-degree murder implies don’t you?

    Get real mate!

    As for me paranoid and delusional, aren’t we all sometimes, whether we are under the influence of drugs, alcohol and stress?

    Let my guess, your some kind of human psyche expert, am I right?

    I think you should go to jail because you might do something bad when you are off your medication.

    What about Lee if he decides he doesn’t want to take his medication, and he kills somebody before anybody figures it out. Have you read the disposition? The link is at the bottom of this thread.

    As for “why do I care”-well, it’s quite simple I guess since people like you obviously don’t.

    You’re a real piece of work. I’m looking forward to hearing from you again CJ, and I suspect that there will be a few other people who read this blog entry who will have something to say you. Stayed tuned mate.

  • 2 NCR Changes // Jan 17, 2009 at 7:26 AM

    CJ -FYI: Not only did Lee drive home from the resort after committing the murder, he made a “pit stop”. Guess where? At Nexxa Industries. Guess why? TO GET HIS F-ING TOOL BOX & TOOLS! This has been verified by the security system at Nexxa Industries and was presented as evidence in court. Does that sound like a crazy person to you?

    Yes, lots of people murder and are murdered throughout Canada every day. The media has helped to desensitize everyone to the severity of these crimes, hence the reason you only see it as a “blip” on the radar. The issues are the fact that he planned & committed the murder (while Steve was SLEEPING!) and has never had to step foot in a jail. Why did he get the cushy rainbows and teddy bears way out?

    Oh wait, his rich Daddy & and immoral lawyer. Money talks.

    It is not to say that he should have been locked up “forever” (although that would be nice) but at least long enough for the grass to grow over the Steve’s grave!

    Another issue with the NCR defense is that the release (absolute or conditional) is not processed in the same way as those being released from jail.

    Those that testified against Lee in court and the Tavares family were NOT notified. One person that testified saw him in Calgary but had no idea that he was even out. How is that for a shock? You testified against this mad on a first degree murder charge and then you see him on the street. As a witness you are required to attend court – you do not have a choice. All these witnesses that testified against him should have been advised of his conditional release! There is no excuse for that kind of negligence.

    He is still considered a “significant threat to public safety”….well if he is a threat to public safety what about the threat to the witnesses.

    THERE HAS BEEN NO JUSTICE IN THIS CASE.

    This is an example of how everything can go wrong and how those with money can “get away with bloody murder”. It makes me sick.

comments








Crooked in Canada use third-party advertising companies to serve ads when you visit this website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.




Disclaimer:Opinions, views and theories published in Crooked in Canada are just that, views, opinions and theories.


All views, opinions and theories are formed after gleaning information from news stories that appear on the worldwide web, which as we all are not always factual either.


All opinions, views, and theories are qualified with the following or like statements: "I could be wrong", "It isn't a stretch to think that...", "I think", "I believe" or "it is my opinion". Although the aforementioned statements are not always included in the blog post; it is certainly implied in each and every post published in Crooked in Canada.If you take this blog too seriously, YOU NEED HELP!

Contact: editor@crookedincanada.com