Drug-induced psychosis led man to randomly stab stranger in Hamilton’s Corktown Park
A Hamilton man who stabbed a stranger 25 times during a drug-induced psychotic episode has been sentenced to five and a half years, in a complex" case that challenged how court deals with mental illness and addiction.
After enhanced credit for the time spent in custody since his July 2020 arrest, Calvin Horvat faces an additional two years less a day in jail, which means he avoids going to prison. At the request of Horvat's lawyer, Larissa Fedak, the court has recommended the 33-year-old be sent to St. Lawrence Valley Correctional and Treatment Centre, where adult male offenders with provincial sentences can access treatment for major mental illness.
Assistant Crown attorney Nancy Flynn had asked the court for an 18.5 year sentence, arguing that the random attack in Corktown Park was cruel, callous and horrific."
In court last week Ontario Court Justice Martha Zivolak agreed the attack was horrific, but also said she had to consider Horvat's moral blameworthiness" given his mental health and addiction issues.
A forensic psychiatrist conducted an in-depth assessment of Horvat and found he was in a state of psychosis the night he repeatedly stabbed Julie Leduc and threatened others. However, it was caused by the use of crystal methamphetamine and other drugs. Since the psychosis was self-induced" the court found he was criminally responsible.
He pleaded guilty to attempted murder and multiple other assault and weapons offences.
Yet Zivolak also noted in her sentencing that Horvat has a long history of hospitalizations and interventions for mental illness. He has been given various diagnosis over the years, however, it was not clear to his assessing psychiatrist whether Horvat has a primary psychotic disorder in addition to the drug use. The only way to be able to properly assess this would be for Horvat to be off all antipsychotic medication and illicit drugs for months, which had never been possible.
Also crucial, Zivolak said, was the fact that Horvat had been apprehended but released from hospital just days before the random stabbing.
On June 25, 2020 police were called for a shirtless man with a hatchet, sitting under some scaffolding. Horvat appeared to be under the influence of drugs, court heard. He was chasing people, sweating profusely, screaming, waiving his arms and twisting his body on the ground.
When police apprehended him they found brass knuckles. Horvat was taken to hospital, assessed and subsequently released.
Several days later, on July 3 around 3:30 a.m., Horvat approached Leduc, who was living in a nearby homeless encampment, and repeatedly stabbed her in the head, neck and chest. When her boyfriend came upon them Horvat asked for help killing her, adding do you know how to kill a witch?"
As others came to Leduc's aid, Horvat went into a nearby store and said he'd just killed his wife and threatened to kill a store clerk, court heard. He then moved toward a Tim Hortons parking lot, where he stole a purse and threatened to hurt more people. He was eventually arrested.
He told police he was Zeus" and claimed he needed to attack Leduc because she was picking plants in the garden and he was the protector of the plants. He believed the others he had threatened were someone related to her. In reality, they were all strangers.
The stabbing left the 22-year-old victim with a pierced jugular, fractured vertebrae, slight collapsed lung and ligament injuries. She was in an induced coma for days, underwent multiple surgeries and required rehabilitation.
In a victim impact statement read by Flynn when Horvat was convicted this May, Leduc said she had scars all over her body and is afraid to walk at night.
Horvat himself was also homeless at the time. Court heard he struggled with learning disabilities and mental illness for most of his life. He only has a Grade 8 education and lived primarily with his mother until she died about a year before the stabbing. He had a dated criminal record that had no violent offences before the 2020 attacks.
Mr. Horvat's situation clearly spiralled after his mother passed away," Zivolak concluded.
In coming to her sentence, Zivolak noted the complex interplay between how individuals present and what is available to them, not just with the medical health system, but with the justice system in such complex, difficult situations."
In addition to his jail sentence Horvat was also sentenced three years probation that includes conditions to attend recommended treatment for mental health or addiction.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com