A 51-year-old Schomberg man who admitted killing two men with a crowbar in a brutal double homicide nearly four years ago has been found not criminally responsible.
The morning of Aug. 30, 2011, was supposed to be just another day for shop foreman Jones and mechanics Wilson and Abernethy.
But when Jones didn’t answer telephone calls his boss Jason Elliott at James Elliot Underground, a tunneling company in Schomberg, went to find him.
He found Wilson lying on the main floor of the shed, blood pouring from his head. Jones was seen on the office floor, bleeding from his head, nose and mouth.
Abernethy had struck both men on the head with a crowbar. Jones was declared dead at the scene and Wilson died before reaching hospital.
Abernethy later admitted killing Wilson and Jones in an agreed statement of facts.
Abernethy apparently got on well with all his co-workers, including Wilson and Jones, according to the agreed statement of facts.
This was one of the reasons Justice Minden gave in his findings of NCR.
He also noted that an argument that had immediately preceded the killing over piping occurred during a psychotic episode rather than prompting the killings, a theory advanced by The Crown.
"There is a substantial body of credible, reliable evidence demonstrating that Abernethy had experienced or was in the process of experiencing a psychotic break," he added. "There was a compatible, respectful and close working relationship with both men."
He further trusted evidence seen as part of Abernethy's girlfriend's text messages from that day.
"She was petrified and ruminated all day, believing Mr. Abernethy was so far gone that he might physically harm or even kill himself," the document added.
Both Wilson and Jones were described as “good guys” by longtime foreman Studd in testimony at his trial.
Jones mentored Abernethy and took him under his wing, Studd said.
Office manager Judy Cox said Jones had a soft spot for Abernethy. The accused often appeared disheveled and hungover, with bloodshot eyes, she said.
On the morning of Aug. 30, 2011, Abernethy seemed a little “off”, his co-workers said, according to an agreed statement of facts.
"I accept (Ted) Studd's evidence that Abernethy was "off"…"he looked like hell", physically "terrible"," Justice Minden added in his findings.
Mark Gilmour, another employee, recalled an odd exchange between Jones and Abernethy that morning. Out of nowhere Abernethy announced: “Don’t worry Bill, I got all the numbers.” He was holding a business card with handwritten numbers on the back and would not let Jones see the card. It was like he was speaking “gibberish", Mark Gilmour said.
"Abernethy made no attempt to take flight, hide the crowbar, destroy his blood-soaked jacket or otherwise disturb the crime scene," he wrote. "He remained at the scene. He continued to wear or carry his bloody jacket…he left the crowbar in plain view, not far from where he had used it."
Abernethy will, at some future date, appear before the Ontario Review Board. That organization annually reviews the status of every person who has been found to be not criminally responsible or unfit to stand trial for criminal offences on account of a mental disorder.
Outside the courtroom, family members of the victims did not want to speak other than to say they were disappointed in the NCR verdict.
"He's devastated our lives," added Marg Jones, another family member.
"He took two lives and he has a violent past," said one family member, who chose not to give his name.
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UPDATE: Abernethy made no effort to hide crowbar killing: judge
The morning of Aug. 30, 2011, was supposed to be just another day for shop foreman Jones and mechanics Wilson and Abernethy.
But when Jones didn’t answer telephone calls his boss Jason Elliott at James Elliot Underground, a tunneling company in Schomberg, went to find him.
He found Wilson lying on the main floor of the shed, blood pouring from his head. Jones was seen on the office floor, bleeding from his head, nose and mouth.
Abernethy had struck both men on the head with a crowbar. Jones was declared dead at the scene and Wilson died before reaching hospital.
Abernethy later admitted killing Wilson and Jones in an agreed statement of facts.
Abernethy apparently got on well with all his co-workers, including Wilson and Jones, according to the agreed statement of facts.
This was one of the reasons Justice Minden gave in his findings of NCR.
He also noted that an argument that had immediately preceded the killing over piping occurred during a psychotic episode rather than prompting the killings, a theory advanced by The Crown.
"There is a substantial body of credible, reliable evidence demonstrating that Abernethy had experienced or was in the process of experiencing a psychotic break," he added. "There was a compatible, respectful and close working relationship with both men."
He further trusted evidence seen as part of Abernethy's girlfriend's text messages from that day.
"She was petrified and ruminated all day, believing Mr. Abernethy was so far gone that he might physically harm or even kill himself," the document added.
Both Wilson and Jones were described as “good guys” by longtime foreman Studd in testimony at his trial.
Jones mentored Abernethy and took him under his wing, Studd said.
Office manager Judy Cox said Jones had a soft spot for Abernethy. The accused often appeared disheveled and hungover, with bloodshot eyes, she said.
On the morning of Aug. 30, 2011, Abernethy seemed a little “off”, his co-workers said, according to an agreed statement of facts.
"I accept (Ted) Studd's evidence that Abernethy was "off"…"he looked like hell", physically "terrible"," Justice Minden added in his findings.
Mark Gilmour, another employee, recalled an odd exchange between Jones and Abernethy that morning. Out of nowhere Abernethy announced: “Don’t worry Bill, I got all the numbers.” He was holding a business card with handwritten numbers on the back and would not let Jones see the card. It was like he was speaking “gibberish", Mark Gilmour said.
"Abernethy made no attempt to take flight, hide the crowbar, destroy his blood-soaked jacket or otherwise disturb the crime scene," he wrote. "He remained at the scene. He continued to wear or carry his bloody jacket…he left the crowbar in plain view, not far from where he had used it."
Abernethy will, at some future date, appear before the Ontario Review Board. That organization annually reviews the status of every person who has been found to be not criminally responsible or unfit to stand trial for criminal offences on account of a mental disorder.
Outside the courtroom, family members of the victims did not want to speak other than to say they were disappointed in the NCR verdict.
"He's devastated our lives," added Marg Jones, another family member.
"He took two lives and he has a violent past," said one family member, who chose not to give his name.
more
UPDATE: Abernethy made no effort to hide crowbar killing: judge
