TORONTO

A homeless man who killed Toronto Sgt. Ryan Russell by striking him with a stolen snowplow was not criminally responsible due to his psychotic state, a jury ruled Wednesday.

The jury returned its verdict shortly after 1 p.m. saying Richard Kachkar, 46, was not criminally responsible for his driving rampage on Jan. 12, 2011 on Toronto’s snow-slicked streets.

The Crown had contended that Kachkar was guilty of first-degree murder for driving the snowplow which killed Russell, a married father of a four-year-old son.

Toronto Police Chief Bill Blair said while he understood and accepted the verdict, he knew it would be tough for some to swallow.

He said a good officer, son, husband and father was killed and and there was no verdict that could have changed that.

“There’s no satisfaction in (the) outcome,” Blair said. “It’s a tragedy for Ryan Russell’s family, it’s a tragedy for this city and for the Toronto Police Service.”

“But I think it’s also a tragedy for Mr. Kachkar,” he added. “And the system has dealt with it in the best way it was able.”

The decision means that Kachkar will go to the Ontario mental health system, instead of prison for life with no parole for 25 years, which is the mandatory sentence for first-degree murder.

“It’s not a get out of jail free card,” said Kachkar’s lawyer Bob Richardson.

“It’s a recognition that someone is very very sick and needs to be treated. They don’t go to jail because they haven’t done anything wrong in terms of the criminal justice system.

“Something tragic has happened, but he’s still accountable because he’s going into the hospital system,” said Richardson.

Crown attorney Christine McGoey had implored jurors to convict Kachkar of the murder charge.

“I suggest to you that Mr. Kachkar was criminally responsible of killing Ryan Russell, despite Kachkar’s mental disorder. He knew that killing someone was wrong,” McGoey told jurors, noting Kachkar opted not to kill himself the day before the tragedy because he “knew the suicide would hurt people and was wrong.”

Kachkar admitted he was driving the snowplow that inflicted the fatal injuries against Russell.

Richardson noted there is “uncontradicted evidence” from three highly-regarded psychiatrists who agreed Kachkar was not criminally responsible due to a mental disorder.