More psychiatric tests have been ordered for two brothers, who kidnapped and repeatedly sexually assaulted a Calgary teen, to determine if they are criminally responsible for their actions.
Corey and Cody Manyshots were charged with kidnapping, sexual assault, uttering threats and robbery after police were contacted by the family of a 17-year old girl who said she was abducted by the pair from a northeast bus stop in November 2014.
The brothers attacked and dragged the girl into an alley and sexually assaulted her before taking her to their Martindale home where the assaults continued.
The Grade 12 student eventually escaped when the brothers fell asleep and her family contacted police the next day.
The men pleaded guilty to the charges in October 2015 and sentencing hearings started for the pair last year.
Tests conducted on the brothers revealed that they suffer from severe fetal alcohol spectrum disorder and a 30 day psychiatric assessment has been ordered to determine if they are criminally responsible.
“We need to have the psychiatrist indicate whether the fetal alcohol spectrum disorder would have any impact on criminal responsibility, whether they are not criminally responsible on account of a mental disorder, that seems unlikely, but in fairness, it’s a psychiatrist who needs to tell us that, not the lawyers,” said Crown Prosecutor, Jonathan Hak. “So the case now has been adjourned to have the new psychiatric assessments done.”
The crown was seeking a sentence of 12 years but both defence attorneys say lesser sentences are warranted.
Cody Manyshots’ lawyer said he will be seeking a sentence of six years and Corey Manyshots’ lawyers suggested a sentence of two years.
“The facts don’t change and the acts don’t change but it’s what they comprehended was going on that’s the issue,” said Alain Hepner, lawyer for Cody Manyshots.
The brothers will be transferred to the Southern Alberta Forensic Psychiatry Centre for the next 30 days.
The case returns to court at the end of June.
