A Vancouver judge has found Inderdeep Singh Gosal guilty of manslaughter in the 2023 deadly stabbing of a Vancouver man outside a Starbucks cafe, and acquitted Gosal of the second-degree murder charge he faced.
B.C. Supreme Court Justice Kathleen Ker handed down the verdict Sept. 2, finding that prosecutors hadn’t proven beyond a reasonable doubt that Gosal, 32 at the time, had the intent required for a murder conviction when he repeatedly stabbed 37-year-old Paul Schmidt outside a Starbucks at West Pender and Granville Street in downtown Vancouver on March 26, 2023.
In the wake of the killing, Vancouver police said the two men did not appear to know each other. Schmidt’s family reported that the confrontation started when Schmidt asked Gosal to stop smoking near Schmidt’s young daughter.
Police said after first aid was provided by officers at the scene, Schmidt was rushed to hospital, where he died a short time later.
In the wake of the killing, Schmidt’s family appealed to the public to take down videos of the gruesome stabbing death from social media and criticized a bystander who had filmed the incident “instead of calling the police.”
Trial
In her ruling, Ker said that surveillance footage of the incident showed the verbal argument lasted roughly 90 seconds, before going into the physical confrontation and stabbing lasting approximately 28 seconds. Ker found that Schmidt started the physical aggression and that Gosal opened his knife and then began stabbing after Schmidt threw a punch.
Ker found there was reasonable doubt that Gosal had the intention necessary to be convicted of second-degree murder, stating that he had “a moment of panic” and “fear for his life.”
She also referenced mental illness suffered by Gosal including psychotic symptoms he’d been experiencing at the time and the fact that Gosal testified he had consumed roughly seven beers early in the day.
Gosal also testified that he couldn’t remember but that he may have been smoking cannabis earlier in the day.
Gosal testified that he was formally diagnosed with schizoaffective disorder and depression in 2014, following hallucinations and delusions, and stated he had been prescribed antipsychotic medication. He said he had stopped taking the medication about three months before the stabbing occurred.
Forensic psychiatrist Dr. Johann Brink testified that Gosal had shown signs of moderate psychosis during the incident but said they were “certainly not severe.”
Gosal said he had found the knife on the edge of dumpster in an alley shortly before arriving at the Starbucks and believed it was a “sign from God” he should protect himself.
Gosal’s defence argued that the stabbing of Schmidt was an “overreaction due to mental illness” and was not a “deliberate intent to kill,” while Crown prosecutors said that Gosal knew his actions could lead to the death of Schmidt.
Prosecutors also questioned the reliability of Gosal’s testimony, noting that he had changed parts of his statements regarding how he found the knife and how much alcohol he had drank, and also stating that pharmacy records showed he had not stopped taking his medication.
Sentencing
A hearing is expected to be set later this month to set a date for Gosal to be sentenced.
No fixed sentencing guideline for manslaughter exists in Canada.
Under section 236 of the Criminal Code, manslaughter done without a firearm has a maximum sentence of life imprisonment and no mandatory minimum.
B.C. case law has a usual range of four to fifteen years imprisonment, with sentences above or below in exceptional circumstances.
The Canadian Press contributed to this report.
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