Gregory Despres
Encyclopedia
Gregory Allan Despres has been convicted of the murder
s of Fred Fulton, 74, and Veronica "Verna" Decarie, 70, of Minto, New Brunswick
, Canada
, which occurred on April 23, 2005. On March 5, 2008, the Court found Despres guilty, but not criminally responsible for his actions at the time.
In his youth, he moved with his mother to Massachusetts. He easily made friends and was involved in community activities. As a teenager, he took part in sports and Cadets. He also worked part-time jobs.
By the age of 16, Despres' mother began noticing changes in his personality which she dismissed as teenage rebellion. At 17, Despres moved back to Minto with his estranged father.
Despres also severed ties with his mother for almost 2 years, until she herself had returned to Minto. By this time Despres had become isolated from society locking himself away in his residence for long periods of time rarely being seen by outsiders. His mother was concerned, asked him if he was doing drugs. Despres denied it. Despres state continued to deteriorate beyond that point.
Despres went to the couple's bedroom where he stabbed Decarie to death. While Fulton attempted to escape the house, he only made it to the porch before being overpowered by Despres. Despres then dragged Fulton back to the kitchen where he decapitated him. While it was originally reported to the media that Despres had thrown Fulton's head out the back door, it was actually found under the kitchen table in a pillowcase.
for the United States government and of having killed 700. The weapons were confiscated and Despres was fingerprinted. Although it was determined that Despres was due in court to be sentenced for an assault conviction, Despres held U.S. citizenship and under US law, the officers could not legally compel Despres to return to Canada. Although contact was made with the RCMP, they had no other information that would have allowed the officers to detain Despres. The bodies had not yet been discovered. He was therefore properly permitted to enter the United States.
There were however other grounds for possibly detaining Despres that were not acted upon by the border patrol agents. "Joseph Gutheinz, a University of Phoenix criminal justice professor said they could have arrested Despres for lying to a customs officer. The comment about 700 kills should have tipped them that he was not telling the truth, he said." Gutheinz, a retired Senior Special Agent who had previously served with three Federal agencies also said "if the customs agents wanted to exercise their discretion in regard to a person who they believed might be mentally ill, there was also a non-criminal option. In Maine, as in many states, there is a protective custody statute, which permits law enforcement officers to take into custody individuals they have reasonable grounds to believe may be an imminent threat to themselves or others. This authority to apprehend and process a person is designed to permit a psychological evaluation.
From there, Despres hitchhiked south to Massachusetts
. On April 27, 2005, a Mattapoisett, MA police officer spotted Despres wandering on the side of the road. During a routine check for outstanding warrant
s, it was found that Despres was expected in court that day in Fredericton, New Brunswick
for an assault
on Fulton's son-in-law in August 2004.
The day prior, Fulton's daughter discovered the bodies of her father and Decarie at their residence in Minto, New Brunswick. The Royal Canadian Mounted Police
(RCMP) quickly suspected Despres and learned later he had been arrested in the United States and was currently jailed in Boston
. Despres was extradited
from Boston to Fredericton on September 15, 2005.
The Despres trial would be heard by a judge and not a jury. Judge Judy Clendenning would preside over the case. The prosecution focused its case on the blood trail, DNA
evidence, and his relations with Fulton. The prosecution stated Despres and Fulton were constantly fighting over the waterline, a conflict worsened by Despres' use of recreational drugs.
On February 1, Despres lashed out at his new lawyer, Ed Derrah, accusing him of working for Al-Qaeda
and Saddam Hussein
. He demanded his lawyer be fired, but Clendenning refused his request. Derrah requested his client be sent for a psychological evaluation
; Clendenning agreed and the trial was ended.
Hearings were held on April 24, 25 and 26, 2007. During this time, one expert, Dr. Scott Theriault, said that Despres was unfit to stand trial due to the fact he believe Despres had paranoid schizophrenia. Jeannie, Despres' mother, backed this up by saying her son seemed to act strangely since the age of 17. Another expert testified that Despres was in fact fit to stand trial and that medication could help any mental disorder he was facing. Clendenning disagreed with that theory and ruled that Despres was unfit to stand trial on April 26.
On July 11, 2007, Despres was brought before the provincial mental health review board which found that he had responded well to treatment and was in fact fit to stand trial. A new trial was promptly ordered.
from the first trial was admitted into court.
On the second day of the trial, Despres' grandfather, Adolph, testified that Despres had repeatedly tried to join the military and had been rejected every time. He also testified that Despres would stay in his room for hours talking to himself. Also presented this day was a video of the crime scene which showed graphic images of Fulton's house. The video clearly showed blood on the walls of the bedroom and Decaries' body on the floor, it also showed the blood smeared kitchen where Fulton's decapitated body was sprawled out. It then showed the pillow case in which Fulton's head was found.
On day three, Fulton's grandson, Fred Mowat, testified before the court that his grandfather feared Despres and often required medications to sleep at night. Mowat also testified that he and Despres had had a fight in 2004 over noise coming from his trailer, and that Despres pulled a knife on him. Charges were filed in this incident and Despres was found guilty (it was prior to being sentenced for this crime that Despres allegedly committed the murders of Fulton and Decarie and fled across the U.S. border). On day four, the court heard from one witness who had seen Despres cross the U.S. border and another witness who had picked him up hitchhiking and drove him south.
On November 16, the court adjourned Despres' trial until January 2008, allowing counsel time to prepare expert witnesses.
On January 28, 2008, the trial continued with defense presenting Despres' mother and Dr. Scott Theriault, a psychiatrist, as witnesses. The testimony and evidence given went to the issue of whether the defendant's mental state could allow him to be criminally responsible in the case he did commit the murders. On January 29, 2008, Despres' psychiatrist, Dr. Louis Theriault, also presented evidence going to the issue of Despres' mental state (it is coincidence that both psychiatrists share the same surname). On January 30, 2008, prosecution and defense presented their summation to the court and Justice Grant reserved decision until March 5, 2008. In Canadian criminal law, while the burden of proof which must be met to find the accused guilty of a crime is that of "beyond a reasonable doubt", the burden of proof for the defense of non-criminal responsibility based on mental condition is the lower standard of a "balance of probabilities".
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
s of Fred Fulton, 74, and Veronica "Verna" Decarie, 70, of Minto, New Brunswick
Minto, New Brunswick
Minto is a Canadian village straddling the border of Sunbury County and Queens County, New Brunswick. Located on the north shore of Grand Lake, approximately 50 kilometres northeast of Fredericton, its population meets the requirements for "town" status under the Municipalities Act of the...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, which occurred on April 23, 2005. On March 5, 2008, the Court found Despres guilty, but not criminally responsible for his actions at the time.
Early life
Despres was born in Minto, New Brunswick in July 1982. As a young child, his mother, Jenny Despres, separated from Despres' father, Glendon Meyer. Despres lived a nomadic existence nearly his entire life.In his youth, he moved with his mother to Massachusetts. He easily made friends and was involved in community activities. As a teenager, he took part in sports and Cadets. He also worked part-time jobs.
By the age of 16, Despres' mother began noticing changes in his personality which she dismissed as teenage rebellion. At 17, Despres moved back to Minto with his estranged father.
Despres also severed ties with his mother for almost 2 years, until she herself had returned to Minto. By this time Despres had become isolated from society locking himself away in his residence for long periods of time rarely being seen by outsiders. His mother was concerned, asked him if he was doing drugs. Despres denied it. Despres state continued to deteriorate beyond that point.
Murders
On the evening April 23, 2005, Despres left his trailer and traveled a short distance on foot to the residence of Fred Fulton and Veronica Decarie. Despres gained access to the house by cutting open the screen of one door with a knife and kicking in the second door.Despres went to the couple's bedroom where he stabbed Decarie to death. While Fulton attempted to escape the house, he only made it to the porch before being overpowered by Despres. Despres then dragged Fulton back to the kitchen where he decapitated him. While it was originally reported to the media that Despres had thrown Fulton's head out the back door, it was actually found under the kitchen table in a pillowcase.
Fugitive
Shortly after the murders, Despres packed up a car with the murder weapons and drove toward the United States. The car was later found in a gravel pit near the Canada-U.S. border and identified as Fulton's. On April 25, 2005, one day before the bodies were discovered, Despres arrived at the Calais, Maine, border crossing. He presented himself to the U.S. border guards while carrying a homemade sword, a hatchet, a knife, brass knuckles and a chainsaw stained with what appeared to be blood. At the border, Despres boasted of being an assassinAssassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
for the United States government and of having killed 700. The weapons were confiscated and Despres was fingerprinted. Although it was determined that Despres was due in court to be sentenced for an assault conviction, Despres held U.S. citizenship and under US law, the officers could not legally compel Despres to return to Canada. Although contact was made with the RCMP, they had no other information that would have allowed the officers to detain Despres. The bodies had not yet been discovered. He was therefore properly permitted to enter the United States.
There were however other grounds for possibly detaining Despres that were not acted upon by the border patrol agents. "Joseph Gutheinz, a University of Phoenix criminal justice professor said they could have arrested Despres for lying to a customs officer. The comment about 700 kills should have tipped them that he was not telling the truth, he said." Gutheinz, a retired Senior Special Agent who had previously served with three Federal agencies also said "if the customs agents wanted to exercise their discretion in regard to a person who they believed might be mentally ill, there was also a non-criminal option. In Maine, as in many states, there is a protective custody statute, which permits law enforcement officers to take into custody individuals they have reasonable grounds to believe may be an imminent threat to themselves or others. This authority to apprehend and process a person is designed to permit a psychological evaluation.
From there, Despres hitchhiked south to Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
. On April 27, 2005, a Mattapoisett, MA police officer spotted Despres wandering on the side of the road. During a routine check for outstanding warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
s, it was found that Despres was expected in court that day in Fredericton, New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
for an assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
on Fulton's son-in-law in August 2004.
The day prior, Fulton's daughter discovered the bodies of her father and Decarie at their residence in Minto, New Brunswick. The Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
(RCMP) quickly suspected Despres and learned later he had been arrested in the United States and was currently jailed in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
. Despres was extradited
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
from Boston to Fredericton on September 15, 2005.
First trial
Despres' trial was originally scheduled for September 5, 2006. On August 4, 2006, however, Despres fired his lawyer, Randy Maillet, with whom he disagreed on how the defense should be presented. This caused a major delay and the trial date was moved to January 8, 2007.The Despres trial would be heard by a judge and not a jury. Judge Judy Clendenning would preside over the case. The prosecution focused its case on the blood trail, DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
evidence, and his relations with Fulton. The prosecution stated Despres and Fulton were constantly fighting over the waterline, a conflict worsened by Despres' use of recreational drugs.
On February 1, Despres lashed out at his new lawyer, Ed Derrah, accusing him of working for Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
and Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
. He demanded his lawyer be fired, but Clendenning refused his request. Derrah requested his client be sent for a psychological evaluation
Psychological evaluation
A psychological evaluation or mental examination is an examination into a person's mental health by a mental health professional such as a psychologist. A psychological evaluation may result in a diagnosis of a mental illness...
; Clendenning agreed and the trial was ended.
Hearings were held on April 24, 25 and 26, 2007. During this time, one expert, Dr. Scott Theriault, said that Despres was unfit to stand trial due to the fact he believe Despres had paranoid schizophrenia. Jeannie, Despres' mother, backed this up by saying her son seemed to act strangely since the age of 17. Another expert testified that Despres was in fact fit to stand trial and that medication could help any mental disorder he was facing. Clendenning disagreed with that theory and ruled that Despres was unfit to stand trial on April 26.
On July 11, 2007, Despres was brought before the provincial mental health review board which found that he had responded well to treatment and was in fact fit to stand trial. A new trial was promptly ordered.
Second trial
Despres' second began on November 5, 2007 and was overheard by Justice Grant. EvidenceEvidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
from the first trial was admitted into court.
On the second day of the trial, Despres' grandfather, Adolph, testified that Despres had repeatedly tried to join the military and had been rejected every time. He also testified that Despres would stay in his room for hours talking to himself. Also presented this day was a video of the crime scene which showed graphic images of Fulton's house. The video clearly showed blood on the walls of the bedroom and Decaries' body on the floor, it also showed the blood smeared kitchen where Fulton's decapitated body was sprawled out. It then showed the pillow case in which Fulton's head was found.
On day three, Fulton's grandson, Fred Mowat, testified before the court that his grandfather feared Despres and often required medications to sleep at night. Mowat also testified that he and Despres had had a fight in 2004 over noise coming from his trailer, and that Despres pulled a knife on him. Charges were filed in this incident and Despres was found guilty (it was prior to being sentenced for this crime that Despres allegedly committed the murders of Fulton and Decarie and fled across the U.S. border). On day four, the court heard from one witness who had seen Despres cross the U.S. border and another witness who had picked him up hitchhiking and drove him south.
On November 16, the court adjourned Despres' trial until January 2008, allowing counsel time to prepare expert witnesses.
On January 28, 2008, the trial continued with defense presenting Despres' mother and Dr. Scott Theriault, a psychiatrist, as witnesses. The testimony and evidence given went to the issue of whether the defendant's mental state could allow him to be criminally responsible in the case he did commit the murders. On January 29, 2008, Despres' psychiatrist, Dr. Louis Theriault, also presented evidence going to the issue of Despres' mental state (it is coincidence that both psychiatrists share the same surname). On January 30, 2008, prosecution and defense presented their summation to the court and Justice Grant reserved decision until March 5, 2008. In Canadian criminal law, while the burden of proof which must be met to find the accused guilty of a crime is that of "beyond a reasonable doubt", the burden of proof for the defense of non-criminal responsibility based on mental condition is the lower standard of a "balance of probabilities".
Court's Decision
On March 5, 2008, Justice William Grant found Gregory Despres guilty of causing the deaths of Fred Fulton and Verna Decarie in 2005. However, Justice Grant agreed with the defense in finding that Despres was not criminally responsible for his actions at the time. Despres is currently being held at Shepody Healing Centre which is part of the Dorchester Penitentiary.External links
- CBC.ca 15 September 2005
- CBCnews.ca 11 Jan 2007
- CTV.ca 23 January 2007
- Macleans.ca 06 Nov 2007
- CBC.ca 07 November 2007
- CBC.ca 29 January 2008
- The Daily Gleaner (Fredericton, New Brunswick) 30 January 2008
- CBC.ca, 05 March 2008
- The Daily Gleaner, Fredericton, NB 06 March 2008
- http://www.nationalpost.com/news/story.html?id=5052002e-0002-45ff-aed0-816ee9515cc2
- http://www.usatoday.com/news/nation/2005-06-11-canada-border-workers_x.htm?csp=34