KAMLOOPS, B.C. — An Ashcroft, B.C., man has been convicted of beating his uncle to death, but a judge has yet to decide if he is not criminally responsible due to a mental disorder.
Shane Gyoba, 29, was found guilty of second-degree murder in the death of Ed Gyoba, who had taken in his nephew following disagreements with his family in Saskatoon.
The Gyobas' neighbour testified that on June 2, 2014, he saw through the bushes that a smaller man was beating a larger man, first with his fists and then with an object.
He was unsure of what he saw, however, and did not immediately call 911.
RCMP found Ed Gyoba's body in a shallow grave.
"There is no air of reality to a self-defence argument," B.C. Supreme Court Justice Dev Dley said Tuesday, ruling that once Ed Gyoba was on the ground, his nephew had no legal reason to hit him with a shovel.
As he did during the trial, Shane Gyoba frequently cursed and rambled in court during sporadic outbursts.
A pathologist testified at trial that Gyoba died of blunt force trauma from an axe or shovel. He had also ingested dirt, suggesting it was forced into his mouth as he gagged.
Defence lawyer Don Campbell said his client gave him strict orders not to seek a finding of not criminally responsible by reason of a mental disorder.
But Crown lawyer Neil Flanagan told Dley the Crown has evidence not used in the trial that may lead to that finding.
Following the finding of guilt, a hearing was held to determine whether there is enough evidence to send Gyoba to a psychiatrist to determine his mental state at the time of the murder.
The hearing included testimony from his mother, Julie Gyoba.
She said her son was a high performer in sports and academics until about Grade 7, when his father, a metallurgical engineer, was diagnosed with leukemia.
The disease progressed quickly, she said, adding Gene Gyoba suffered a stroke during treatment, altering his personality.
She said the couple became overly critical of their son, leading to problems in the home.
Gene Gyoba died when their son was in Grade 9, she testified, adding their son started using marijuana, was arrested for petty crimes and became increasingly hostile around the house.
He eventually moved to Ashcroft to live with his uncle due to the friction in the Saskatoon home he shared with his mother and brother, she said.
Shane Gyoba graduated from Thompson Rivers University in 2012.
Soon after, his mother said his behaviour became increasingly bizarre and that he cut off his finger, claiming his grandfather had done the same thing as a sacrifice to turn his life around.
"There was no truth to that," she said, adding her son took a trip to Edmonton, saying he'd received instructions from a TV set.
