A Vaughan man who admitted to killing a Toronto-area rap artist but argued he was not guilty due to a mental disorder that rendered him not criminally responsible (NCR) has been found guilty of first-degree murder.
Superior Court Justice Maureen Forestell accepted that Nirusan Shakespearethas was suffering from a mental disorder when he shot and killed 24-year-old Stephen Little-McClacken on July 16, 2022, just outside Scotiabank Arena at Bremner Boulevard and York Street.
However, Forestell found that Shakespearethas could appreciate the moral wrongfulness of his actions at the time of the killing and was therefore criminally responsible.
“The actions of Mr. Shakespearethas before, during and after the shooting are not consistent with Mr. Shakespearethas’ account that he was experiencing command hallucinations, hearing voices and seeing demons,” he said.
“He had a long-standing animus with Mr. Little-McClacken. The reason for his animus is not clear. Before the killing, he researched ‘how to get away with murder,’ not ‘how to kill the devil.'”
Shakespearethas testified at trial that he believed that Little-McClacken, a rap artist who performed under the name “YB Stainz,” was the devil and said he killed him to save the world.
Forestell said she rejected Shakespearethas’ account of his thinking at the time of the killing because there were many inconsistencies in the accounts he gave to various medical professionals and during his testimony at trial.
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“I find that Mr. Shakespearethas’ account of his thinking at the time of the shooting evolved over time. I find that Mr. Shakespearethas exaggerated some symptoms and fabricated others. The nature and frequency of his reported symptoms increased with each assessment,” Forestell said.
According to an agreed statement of facts, Shakespearethas fired 12 rounds. At least eight shots struck Little-McClacken, including two to the head.
Forestell said the inconsistencies in Shakespearethas’ account included whether or not the two had met in person before, his reason for buying a gun, the hallucinations he reported seeing before and during the killing and the timing of his decision to kill Little-McClacken.
Two forensic psychiatrists who met with and assessed Shakespearethas offered different opinions at trial last fall about whether or not he could appreciate the wrongfulness of his actions.
Dr. Gary Chaimowitz testified that Shakespearethas suffered from schizophrenia and was likely suffering from psychosis, including command auditory hallucinations and delusions, and was incapable of knowing the moral wrongfulness of his actions.
Dr. Alina Iosif testified that Shakespearethas, while mentally ill, had been functioning reasonably well at the time of the offence. Iosif concluded his actions of evading police, disposing of evidence and researching routes of escape were indicative of relatively high functioning.
Iosif said psychological testing suggested malingering, which supported Iosif’s clinical assessment that Shakespearethas was fabricating or exaggerating his psychiatric symptoms.
“Mr. Shakespearethas was functioning the day of the shooting and the days before and after the shooting. He worked at a job that required organized thought and communication,” Forestell said.
“He arranged the meeting with Mr. Little-McClacken and prepared for the killing by retrieving the gun he had purchased in advance for that purpose. His actions in attending at the meeting place and shooting Mr. Little-McClacken were planned and deliberate.”
The statutory sentence for first-degree murder is a mandatory life sentence with a parole ineligibility period of 25 years. A sentencing hearing has been scheduled for March, at which time victim impact statements will be heard.
Little-McClacken’s sister and mother, who sat through the trial, told Global News they are grateful to Justice Forestell for her decision and believe justice has been served.
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