There will be no charges against a 94-year-old man in connection to the death of his roommate in a Vernon care home in August.

John ‘Jack’ Daymouth Furman was charged with second degree murder in the death of William May, 85.

The Criminal Justice Branch has now concluded that they will not prosecute Furman further, and the murder charge against him was stayed by Crown Counsel today.

Lawyers say it was clear from the outset that Furman’s mental state at the time of the alleged offence would be a significant issue at trial, and that the incident occurred while Furman was in a delusional state due to his advanced dementia.

Furman was admitted to the residential care facility only 10 days prior to the incident and there was no history of aggressive behaviour on his part. Shortly after his arrest he was placed in a medical care facility and he has remained there since. He remains confused and disorientated to both his current circumstances and the circumstances of the incident in the care home.

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According to the evidence, his condition is unlikely to improve.

The Criminal Justice Branch says given the current state of Furman’s physical health; the fact that he has advanced dementia and is likely not fit to stand trial; and the fact that steps have been taken to address any safety risk he might present, the Branch has concluded that the public interest no longer requires his prosecution in the death of William May.