By Mark Stevenson And María Verza in Mexico City
MEXICO CITY (AP) — The sun wasn’t yet up in Culiacan when David Téllez and his family began making their way to the city’s airport for a return flight to Mexico City after their vacation. But not long after they set out they encountered the first crude roadblock, an abandoned vehicle obstructing their way.
Téllez turned to social media to find out what was going on and saw that Sinaloa’s state capital, a stronghold of the cartel by the same name, was filled with roadblocks and gunfire.
It would be hours before Mexico’s defense secretary would confirm that the military had captured Ovidio Guzmán, a son of the notorious former Sinaloa cartel boss Joaquín “El Chapo” Guzmán, on Thursday in a pre-dawn operation north of the city.
Just like that, Culiacan was thrust into a day of terror unlike any its residents had experienced since October 2019 — the last time authorities tried to capture the young Guzmán. Before it was over, at least 29 people would die — 10 members of the military and 19 alleged cartel members — while 21 suspects were arrested, Defense Secretary Luis Cresencio Sandoval said Friday. Thirty-five members of the military were wounded, he said.
Mexican President Andrés Manuel López Obrador has railed against his predecessors’ aggressive efforts to capture drug lords, but his administration bagged the high-profile cartel figure just days before hosting U.S. President Joe Biden, and at least in the short term locals were paying the price.
Culiacan residents posted video on social media showing convoys of gunmen in pickup trucks and SUVs rolling down boulevards in the city. At least one convoy included a flatbed truck with a mounted gun in the back, the same kind of vehicle that caused chaos and mayhem in the 2019 unrest.
All entrances to the city were blocked and similar acts were playing out in other parts of Sinaloa.
Rev. Esteban Robles, spokesman for the Roman Catholic diocese in Culiacan, said that “there is an atmosphere of uncertainty, tension,” and that those who could were staying inside their homes.
“A lot of the streets are still blocked by the cars that were burned,” Robles said.
The Culiacan municipal government warned: “Don’t leave home! The safety of Culiacan’s citizens is the most important.” Schools, local government and many private businesses closed.
Oscar Loza, a human rights activist in Culiacan, described the situation as tense, with some looting at stores. On the south side of the city, where Loza lives, people reported convoys of gunmen moving toward a military base, but Loza said streets around his house were eerily quiet. “You don’t hear any traffic,” he said.
Téllez pressed on trying to get his family back to Mexico City, circumventing several more abandoned vehicles blocking roads and eventually making it to the airport.
There the family hurriedly checked in for their flight before employees of an airport restaurant urged them to shelter in a bathroom. Gunmen were arriving at the airport to prevent authorities from flying Guzmán out.
Juan Carlos Ayala, a Culiacan resident and Sinaloa University professor who studies the sociology of drug trafficking, said Ovidio Guzmán was an obvious target at least since 2019.
“Ovidio’s fate had been decided. Moreover, he was identified as the biggest trafficker of fentanyl and the most visible Chapos leader.” Asked how locals were reacting to the arrest, Ayala said “People have differing views, but I think the majority are with them” — the Sinaloa cartel.
That may be because of the money the cartel brings to the region, but also because locals know that even after federal troops withdraw, the cartel will still be there. As bad as it is, the cartel has ensured relative stability, if not peace.
Guzmán was indicted by the United States on drug trafficking charges in 2018. According to both governments, he had assumed a growing role among his brothers in carrying on their father’s business, along with long- time cartel boss Ismael “El Mayo” Zambada.
Foreign Affairs Secretary Marcelo Ebrard confirmed that the government had received a request in 2019 from the United States for Guzmán’s arrest for purposes of extradition. He said that request would have to be updated and processed, but he added that first an open case in Mexico awaits Guzmán.
Ismael Bojorquez, director of the local news outlet Riodoce, which specializes in coverage of the area’s drug trafficking, said the violent reaction had to do with the president’s less aggressive stance toward organized crime.
“They (cartels) have taken advantage of these four years to organize themselves, arm themselves, strengthen their structures, their finances,” he said. “I believe there are more weapons than three years ago. All of organized crime’s armies have strengthened, not just the Chapitos, and this is the price that society is paying for this strategy of the federal government.”
At Culiacan’s airport, a Mexican military flight was able to spirit Guzmán away to Mexico City. Téllez’s commercial flight waited for its chance to take off as two large military planes landed with troops as did three or four military helicopters, and marines and soldiers began deploying along the perimeter of the runway.
When the airline flight was finally preparing to accelerate, Téllez heard gunshots in the distance. Within 15 seconds the sound was suddenly more intense and much closer, and passengers threw themselves to the floor, he said.
He did not know the plane had been hit by gunfire until a flight attendant told them. No one was injured, but the plane hastily retreated to the terminal.
Samuel González, who founded Mexico’s special prosecutor’s office for organized crime in the 1990s, said Guzmán’s capture was a “gift” ahead of Biden’s visit. The Mexican government “is working to have a calm visit,” he said.
He called the shots that hit the commercial airliner “without a doubt an act of international terrorism” and suggested it could lead to very serious discussions between the two governments about the implications of these actions.
By evening, Téllez remained in the terminal. The government had shut down the airport, as well as airports in Los Mochis and Mazatlan for security reasons.
Asked if the attempt to capture Guzmán was worth another day of tension and uncertainty in Culiacan, Téllez said, “If they caught him, it was worth it.”
Associated Press writers Fabiola Sánchez and Christopher Sherman contributed to this report.
B.C.’s local politicians push for expanding drug prohibitions where children gather
Provincial Health Officer Dr. Bonnie Henry speaks at the legislature in Victoria, B.C., on Thursday, March 10, 2022. Provincial Health Officer Dr. Bonnie Henry will be discussing drug decriminalization and public drug use in the opening session of the annual Union of British Columbia Municipalities convention in Vancouver. THE CANADIAN PRESS/Chad Hipolito
Local politicians from across British Columbia will vote this week on resolutions involving drug decriminalization, including expanding prohibitions on possession and use to parks, bus stops, sports fields and other places children gather.
Another resolution facing a vote at the annual Union of B.C. Municipalities convention in Vancouver asks the province to better fund mental health and addiction treatment, recovery services, overdose prevention and access to safe supply and drug testing
The resolution says there’s currently inadequate money to ensure the safety of people who use illicit drugs.
Both resolutions will go to a vote on Wednesday, with the funding proposal already endorsed by the group’s resolutions committee, which hasn’t taken a position on expanding prohibition zones.
The moves come after the federal government approved changes of a pilot project launched in B.C. earlier this year that decriminalizes possession of small amounts of illicit drugs.
The changes that came into force today prohibit possession within 15 metres of a park or child-focused space.
The five-day Union of B.C. Municipalities convention launched Monday with an opening session that included provincial health officer Dr. Bonnie Henry discussing drug decriminalization and public drug use.
The proposed UBCM resolution on the issue urges the province to introduce Fall 2023 legislation to further regulate the “possession and use” of illicit drugs where children gather.
“(Concerns) have been raised by local governments since the pilot project began in January 2023 on the public use of illicit drugs in child focused spaces such as parks and playgrounds,” the resolution says.
Intoxication in all public places remains illegal.
More than 2,000 people are registered to attend the annual gathering of elected municipal leaders that concludes Friday with a speech by Premier David Eby.
UBCM president Jen Ford says the convention comes as communities tackle wildfires, housing woes, mental health and addictions, with some facing multiple emergencies.
She says municipal leaders are looking to the province to ease bureaucracy to access funds to make their communities safer from wildfires.
This report by The Canadian Press was first published Sept. 18, 2023.
‘Bunch of idiots’: Victim relatives query psychiatric releases, lawyers urge caution
Nathan Mayrhofer is shown in this undated handout photo. Mayrhofer was killed by Kenneth Barter in 2010 during a psychotic episode in Vernon, B.C., then was dismembered. Barter was found not criminally responsible. THE CANADIAN PRESS/HO, Rebecca Mayrhofer
By Nono Shen and Ashley Joannou in Vancouver
Rebecca Mayrhofer said she felt “100 per cent frustrated” when she heard about a triple stabbing in Vancouver’s Chinatown on the weekend, that police allege was committed by a man on day release from psychiatric detention.
But she wasn’t surprised.
Blair Evan Donnelly, 64, had previously been found not criminally responsible for stabbing his teenage daughter to death in 2006 and was sent to B.C.’s Forensic Psychiatric Hospital in Coquitlam.
“These are things that should not be happening … None of these. Not with this person on the weekend. Not with Ken. They are preventable,” Mayrhofer said.
“Ken” is Kenneth Barter, who killed Mayrhofer’s brother Nathan Mayrhofer with a hammer in 2010 during a psychotic episode in Vernon, B.C. He then dismembered his friend, double bagged the remains and put them in his refrigerator.
Like Donnelly, Barter was found not criminally responsible for the killing, and was confined to the Forensic Psychiatric Hospital, before decisions by the B.C. Review Board allowed both men to return to the community unescorted.
Like Donnelly, Barter would be re-arrested. He was charged with assault and assault with a weapon in 2022. Those charges were stayed this year, and he remains in the community because of an absolute discharge by the review board in 2019.
Barter could not be reached for comment.
Rebecca Mayrhofer and other victim advocates have long sought reform of the system handling offenders deemed not criminally responsible by reason of mental disorder. She said the “system is broken” and it “desperately needs a change.”
“I don’t want to see other people go through what happened last weekend and what happened with Ken,” said Mayrhofer.
Critics say the system doesn’t prioritize community safety or justice for victims, and some offenders are left without adequate supervision, or any at all. But lawyers working within the system say risk assessments aren’t made without careful consideration, and they cautioned about a knee-jerk response to the Chinatown stabbings, that have put the system into sharp focus.
Anita Szigeti, president of the Law And Mental Disorder Association, an advocacy organization of about 200 lawyers working in the field of mental health law, said the Chinatown stabbings were “extremely unfortunate.”
“One-off situations (are) quite tragic, but they are not the norm,” she said. “They are not common, they are not frequent. They are not typical, they are not to be expected.”
Decisions about the detention of not-criminally-responsible offenders are generally made annually by a review board panel at the hospital. Offenders can be represented by lawyers. Also present are their doctors and a representative of the attorney general, and victims and relatives can attend.
The board decides whether to continue to detain a person, whether they can be allowed time in the community and under what conditions, or whether to give them an absolute discharge without any ongoing conditions.
“On the day of a scheduled outing, the patient is assessed to decide whether they are stable and well enough to visit the community. If not, the outing is cancelled or postponed,” read a statement from BC Mental Health and Substance Use Services, adding that a critical incident review of Donnelly’s handling was underway by the Public Health Services Authority.
In Donnelly’s case, the board ruled in April that he remained a “significant” threat to public safety. He had stabbed a friend while on previous day release in 2009 after a cocaine binge, then in 2017 he attacked a fellow detainee at the Coquitlam hospital with a butter knife shortly after returning from another day pass, a board decision said.
But he was nevertheless allowed more unescorted time in the community, including overnight stays of up to 28 nights at his doctors’ discretion.
The board’s reasons for their decision, leaked to local media and put online by CHEK News, describe mistakes in Donnelly’s care.
At one stage last year, he was moved to transitional accommodation on the grounds of the former Riverview Hospital in Coquitlam. But his time there included days in an unstaffed cottage, something that occurred without his doctors’ knowledge and failed to provide the “high-level” supervision Donnelly required.
Donnelly has been charged with three counts of aggravated assault after Sunday’s attack at the Light Up Chinatown! festival, which left three people with severe wounds.
He was in B.C. provincial court on Friday via video from the psychiatric hospital. He appeared wearing a red prison-issued jumpsuit with a blue shirt wrapped around his neck.
A publication ban has been imposed on his case and he’s been remanded in custody until at least his next court appearance Sept. 27.
B.C. Premier David Eby has appointed former Abbotsford police chief Bob Rich to look into how “such a dangerous person” as Donnelly could be allowed into the community unescorted, and whether other such cases exist. Eby said this week he was “white-hot angry” about Donnelly’s release.
But longtime defence lawyer and former prosecutor Juan O’Quinn said the premier, as former executive director of the British Columbia Civil Liberties Association and attorney general, should better understand how the process works.
“He (spent) years lobbying on behalf of people under human rights legislation and so to now act surprised is somewhat surprising,” he said.
O’Quinn, an associate at Murphy Battista in Kelowna, said in his experience review board members were well educated and decisions are “not flippantly made.”
“These are decisions that are made with extensive consideration, with contemplation for the safety of the public, made by educated professionals, and unfortunately this individual was gauged to be safe and (allegedly) proved not to be,” he said.
“This is not something that happens every month or two, but when it does happen in such an extravagant fashion, as terrible as it is, it garners a lot of attention.”
He said the general population doesn’t understand the not-criminally-responsible defence and thinks someone can just say they are mentally ill and quickly be released, when in fact years of work goes into determining whether someone should be allowed back into the community.
“This government is trying to make an issue out of trying to find out how this happened. Well, the premier knows how it happens, he was the attorney general when people were being appointed to those boards,” O’Quinn said.
O’Quinn previously represented Barter. He says there’s “nothing you can say to relieve the pain” felt by Mayrhofer’s family.
But Barter was entitled to representation and “the opportunity to take advantage of the legislation that was there.”
There have been previous efforts to tighten the system.
The mother of Tim McLean — who was killed and cannibalized on a Greyhound bus in 2008 by Vince Li, who was found not criminally responsible — spent years calling for reforms to a system she said provided “minimal assurances that the criminal behaviour will not be repeated.”
In 2014, the Conservative government of Stephen Harper passed the Not Criminally Responsible Reform Act. It created a new “high risk” designation for some offenders, that saw the period between their reviews extended to three years.
But Rebecca Mayrhofer says some offenders need permanent supervision if they are allowed into the community.
“I do have a lot of sympathy with people with mental illness. It’s a very hard thing to struggle with, but when you have this small percentage of violent people, you need to really keep an eye (on them) and make sure that the public is kept safe from them,” said Mayrhofer.
Mayrhofer said she had been writing to different levels of government, advocating for permanent monitoring and psychiatric supervision to ensure such offenders take prescribed medication.
“I think that for people who have violent crimes, there should be a lot stricter guidelines for them as far as letting them go on day passes and letting them go on outings.
“If they do eventually get a discharge like (Barter), they should have to always go to check in with a psychiatrist.” said Mayrhofer.
She described her brother Nathan as a “gentle soul” with a “really big heart.”
Lawyer Szigeti said it was extremely rare to see someone reoffending while on authorized leave from the hospital, and the review board’s experts “tend to be quite conservative in their risk assessment.”
“I’ve been doing this for 30 years, I’ve had maybe 10,000 of these hearings … the system generally works extremely safely.”
She said incidents like the Chinatown stabbings result in a “knee-jerk response” from legislatures, government, and the public.
“And I worry that there’s going to be a disproportional, grossly outsized negative adverse impact on all of my clients’ liberty because there’s always some kind of backlash and it’s an emotional nature response that’s usually quite ill-informed or uninformed,” said Szigeti.
Mayrhofer said there’s a lack of adequate funding and resources at the psychiatric hospital. The Donnelly ruling refers to possibly placing him in an enhanced program, but it couldn’t happen until funding and staffing became available.
Mayrhofer said she doesn’t doubt review board members are well-educated and intelligent, but she said they sit through so many hearings it was impossible for them to get to the root of every offender’s problems.
Her father, John Mayrhofer, isn’t so forgiving.
Mayrhofer, 72, said his son Nathan’s death and its manner still pain him, and Barter was a “sociopath.”
“And the review board is a bunch of idiots. They couldn’t see that,” he said.
Barter and people like him needed lifetime monitoring, John Mayrhofer said, and not an unconditional release.
“He didn’t have to go see a psychiatrist. He doesn’t have to take pills. He’s unmonitored. That is what pisses me off the most. They just let them go. Nothing happens.”
This report by The Canadian Press was first published Sept. 15, 2023.
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