Toronto Man Receives Absolute Discharge After Not Criminally Responsible Finding
A Toronto man who was found not criminally responsible six years ago for the killing of his grandmother and the attempted murder of a healthcare worker has been granted an absolute discharge by the Ontario Review Board. This decision comes despite significant reservations expressed by his psychiatrist regarding the man's ability to manage his mental health condition and his future aspirations to attend law school.
Background of the Case
Michael Colatosti, now 39 years old, was involved in a tragic incident on August 18, 2018, where he killed his 84-year-old grandmother, Elena Marcucci, and repeatedly stabbed healthcare worker Osayuki Erhabor. In April 2020, a judge determined that Colatosti suffered from a major mental illness at the time of the attacks and did not possess the capacity to distinguish right from wrong.
The Ontario Review Board, an independent tribunal responsible for reviewing individuals found not criminally responsible due to mental disorder, recently issued a unanimous decision granting Colatosti an absolute discharge. The board concluded they were unable to make a finding that he remains a significant threat to public safety.
Psychiatrist's Concerns and Opposition
Despite this decision, Colatosti's psychiatrist presented substantial concerns to the review board. The medical professional noted that Colatosti does not deal well with stress, often responding with anger and blaming others when confronted with difficult situations. While acknowledging that Colatosti appears to be managing well in terms of accommodation, employment, and education, the psychiatrist highlighted that his financial situation remains tenuous.
The psychiatrist expressed particular apprehension about Colatosti's plans to attend law school after completing his paralegal course at Seneca College. The medical expert worried about the substantial risk of rejection from law schools and how such a setback might affect Colatosti's mental state and behavior.
Medical Diagnosis and Treatment History
Colatosti has been diagnosed with multiple conditions, including:
- A polysubstance use disorder, currently in partial remission within a controlled environment
- A cannabis-induced psychotic disorder, now in sustained remission
Over the past year, Colatosti has provided urine samples as required, all of which tested negative for alcohol, cannabis, or other substances of misuse. However, his psychiatrist remains concerned that Colatosti might resume cannabis use when facing acute stressors and might not seek help if psychotic symptoms return.
Diverging Recommendations and Final Decision
The psychiatrist, along with Ontario's Attorney General and the Centre for Addiction and Mental Health, recommended that Colatosti receive a conditional discharge with continued monitoring to ensure he remains abstinent from drugs. They advocated for ongoing supervision to manage potential risks associated with his condition.
Nevertheless, the Ontario Review Board panel unanimously disagreed with these recommendations. In their April 2 decision, they determined that Colatosti no longer represents a significant threat to public safety and therefore ordered his absolute discharge.
Colatosti himself addressed the review board, acknowledging that gaining admission to law school represents a long shot aspiration for anyone, particularly someone with his background. He denied that potential rejection from law schools would serve as a significant stressor for him.
The psychiatrist also noted that Colatosti believes the Ontario Review Board oversight could be detrimental to his law school ambitions, recognizing that gaining admission presents challenges for any applicant, let alone someone with his particular history and mental health profile.
