A KRCC inmate who stabbed another during a lockdown has escaped a charge of attempted murder.
Derek Baptiste pleaded guilty to aggravated assault in B.C. Supreme Court Monday.
Crown lawyer Tim Livingston said prosecutors believe Baptiste, who suffers from fetal-alcohol spectrum disorder, did not possess the mens rea, or “guilty mind” for an attempted murder conviction.
Baptiste told a KRCC warden afterward he believed there was a bounty on his head at the new unit where he was just transferred in September last year.
Defence lawyer Gurpreet Gill said there was “bad blood” between Baptiste and victim Brian Johnson due to a previous shooting incident involving Johnson’s brother.
In a statement of facts, the Crown lawyer said that during a lockdown on Sept. 6 last year, Johnson walked up to a table in the room and placed his foot on it so he could tie his shoe. That’s when Baptiste put his arms around him, stabbing Johnson.
Correctional officers believed Baptiste flushed the jailhouse shank down a cell toilet immediately after the stabbing.
Livingston argued for one year in jail on top of a three-year sentence Baptiste is expected to get for a series of 60 break and enter offences in Penticton.
“If it’s concurrent there will be no deterrent on inmates,” he said.
Defence lawyer Gill said Baptiste’s parents attended residential school. As a child he grew up with alcoholic parents who largely abandoned him.
His record includes other violent and property offences.
Now 30, Gill said he is in danger of becoming “institutionalized” — an inmate who doesn’t know any other life outside of prison.
Justice Sheri Donegan reserved her decision to a later date.