A Vancouver resident found guilty of second-degree murder in the fatal stabbing of another resident at a psychiatric facility is set to undergo a retrial. Yasin Rashid, aged 23 at the time, was convicted of second-degree murder in the 2019 death of Kyle Gabriel. Initially, Rashid’s defense argued for a not criminally responsible verdict due to mental disorder, while the prosecution pushed for a second-degree murder conviction. The B.C. Supreme Court ruled in favor of the prosecution, but the B.C. Appeal Court determined that errors were made in assessing Rashid’s intent to kill. Consequently, a new trial has been ordered.
The offense of second-degree murder, carrying an automatic life sentence, requires proof of both the act of killing and the intent to kill. In Rashid’s case, the act of killing was undisputed, but the establishment of intent was questioned due to his diagnosed schizophrenia and mental state at the time. Rashid and Gabriel resided at a mental health facility in Vancouver’s West End, with Rashid experiencing hallucinations and paranoia, believing he was being pursued and targeted. Prior to the incident, Rashid reported visual hallucinations resurfacing following a halt in his anti-psychotic medication.
On the evening of September 10, 2019, witnesses saw Rashid and Gabriel together in Gabriel’s room, followed by screams and Rashid fleeing in a distressed state. Gabriel was found with severe neck wounds and later succumbed to his injuries in the hospital. A knife with Rashid’s DNA was discovered at the scene. Rashid’s defense team pursued a plea of not criminally responsible due to mental disorder, but the previous court rejected this defense despite acknowledging Rashid’s mental health condition.
The Appeal Court highlighted the inadequacy in assessing Rashid’s intent to kill, leading to the overturning of his second-degree murder conviction and the announcement of a new trial.