Re Anthony Ricardo Giarraputo, 2025 CanLII 126057

Ontario Review Board

Re: Anthony Ricardo Giarraputo

ORB File No: 8779

Hearing held on: Monday, November 3, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Section 672.47(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. G. Beasley

Members: Dr. J. Ferencz Dr. G. Stones Mr. D. Sandor Ms. M. McKinnon

Parties Appearing:

Accused: Anthony R. Giarraputo Counsel: Mr. S.F. Gehl

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Mr. D. Rows

REASONS FOR DISPOSITION

(Dated December 2, 2025)

Introduction

1. On May 7, 2025, the accused, Mr. Anthony Giarraputo was found not criminally responsible on one count of assault by choking, contrary to s. 267(c) of the Criminal Code of Canada. Following the finding of NCR, the Court issued a Disposition pursuant to s. 672.54 of the Criminal Code. The Disposition discharged Mr. Giarraputo on conditions including residing in the community of Windsor, Ontario, and not associating or communicating directly or indirectly with a number of named persons including the victim, abstaining from the consumption or possession of alcohol or other non-prescribed substances, and not possessing any weapons as defined by the Criminal Code. Mr. Giarraputo was also required to continue with his psychiatric medications.

2. On November 3, 2025, the Ontario Review Board (“ORB”), convened a hearing at the Southwest Centre for Forensic Mental Health Care, Southwest Centre), St. Thomas, Ontario for the purpose of Mr. Giarraputo’s initial hearing pursuant to s. 672.47(1) of the Criminal Code of Canada. Mr. Giarraputo was in attendance and represented by counsel, Mr. Gehl. Counsel for the hospital was Ms. Zamprogna and counsel for the Attorney General of Ontario was Mr. Rows.

Index Offence

3. The circumstances of the index offence are taken from the Agreed Statement of Facts filed with the Court:

By December 17, 2021, Drake Dishman and Anthony GIARRAPUTO were former best friends. Mr. GIARRAPUTO states that h¢ first met Drake Dishman when they were together in Grade 5. They are the same age. Mr. GIARRAPUTO described Drake Dishman as a good and loyal friend, up until they had a falling out in early 2020.

Following his disagreement with Mr. Dishman, in the first quarter of 2020, Mr. GIARRAPUTO admits he started smoking legal cannabis all day long, beginning first thing in the morning, although he never received a medical prescription for cannabis. Mr. GIARRAPUTO described his cannabis use at the time as a "coping mechanism."

Mr. Dishman had noticed that in April of 2020, GlARRAPUTO's behaviour began to change. Mr. Dishman recalls that GIARRAPUTO was making strange accusations against him such as Dishman having sex with GIARRAPUTO 's mother. GIARRAPUTO agrees that he asked Mr. Dishman about such an allegation and felt that Mr. Dishman had laughed disrespectfully at him, because Mr. GIARRAPUTO was serious, not joking, when making the accusation.

At some point in 2020, Mr. Dishman stopped hanging around or communicating with GIARRAPUTO, except on rare occasions when they would see each other or text each other.

Despite the change in their friendship, Mr. Dishman advised that GIARRAPUTO would still sometimes come by his house. On these occasions, Mr. Dishman recalled that Mr. GIARRAPUTO would sometimes talk to himself or act erratically.

On Friday December 17, 2021, at approximately 6:15pm, Drake Dishman was in his kitchen. He turned around and he saw the accused Anthony GIARRAPUTO standing in front of him within the kitchen. GIARRAPUTO had entered into the residence through the unlocked front door.

Mr. Dishman recalls that GIARRAPUTO said something to the effect of "I have to kill you for the mob." Mr. GIARRAPUTO acknowledges that he mentioned “the mob” and says he told Mr. Dishman words to the effect that he “had to choke him out.”

During his interaction with Mr. Dishman, GIARRAPUTO admits putting a ligature around Mr. Dishman’s neck and choking him such that GIARRAPUTO thought Mr. Dishman had “passed out.” While GIARRAPUTO was attacking Mr. Dishman, the complainant had called out to his then 18-year-old sister, Ashley Dishman, for help. Ms. Dishman did come over to help her brother and GIARRAPUTO admits that she was repeatedly pleading with him to stop what he was doing to her brother.

Shortly thereafter, Mr. GIARRAPUTO walked out of the Dishman residence, entered into his motor vehicle, and left the scene. At some point, GIARRAPUTO stopped to send a text to Mr. Dishman that read “I’m sorry” which Mr. Dishman recalled receiving. Mr. GIARRAPUTO believes that he had received intense commands to carry out the choking of Mr. Dishman and acted upon those commands.

Although Mr. Dishman does believe that he passed out momentarily, consistent with Mr. GIARRAPUTO’S recollection, fortunately he did not suffer any serious injury, ending up with a minor scratch to his right shoulder.

Police attended GIARRAPUTO’s home lees than an hour after the attack on Mr. Dishman and arrested Mr. GIARRAPUTO there.”

Current Diagnoses

4. The current diagnoses are taken from the Hospital Report as follows:

Schizophrenia (in partial remission)

Polysubstance Use Disorder (in partial remission)

Criminal History

5. Prior to the commission of the index offence, Mr. Giarraputo had no previous criminal record.

Background and Personal History

6. Mr. Giarraputo’s background and personal history are extensively reviewed in the Hospital Report which was filed as an exhibit at the hearing. By way of summary, he was born and raised in Windsor, Ontario. At school he did well academically and got along with peers. In high school; he enjoyed athletics including basketball, soccer, track, and long-distance running. He held a number of part-time jobs during school including playing the piano and singing with his brother. He has also worked at the casino, and on construction projects. He attempted to return to a community college program in the fall of 2021 but dropped out at the time his mental illness became more acute. He does not have any serious romantic relationships. At the present time he lives with his father along with his older brother.

Psychiatric History

7. The Hospital Report contains the details of Mr. Giarraputo’s treatment for his major mental illness. He was first admitted to hospital in November 2020 on a Form 2 after his parents began to observe increasing aggression, anger, and paranoia. These observations were made at a time that Mr. Giarraputo was using cannabis on a daily basis. Mr. Giarraputo reported that there were people after him. This resulted in increasing anger and threats from Mr. Giarraputo towards his family members. On admission to the hospital, he endorsed that he believed that there was “a hit out against him and his family.” During the course of this initial admission, Mr. Giarraputo was found to be incapable to consent to his own treatment and his father assumed the role as his Substitute Decision Maker (SDM).

8. Mr. Giarraputo had a second brief admission to Windsor Hospital in January 2021. He was brought to the hospital by his mother and reported that he had a relapse of psychotic symptoms after discontinuing his antipsychotic medications.

9. A third admission took place during February and March 2021. His parents were concerned about his behaviour and his increasing paranoia and admission that he was having auditory hallucinations. After discharge Mr. Giarraputo stayed on his medication until October 2021. By December, he had agreed to go back on low doses of a long-acting antipsychotic injection. When assessed by his community psychiatrist on December 21, 2021, shortly after the index offences, he was found to be exhibiting clear psychotic symptoms, with paranoid delusions and some degree of thought disorder.

Substance Use

10. Mr. Giarraputo admitted that he had started using cannabis in September 2016 when he was 16 years old. Although not using it on a daily basis, he said when he did use it, he found it induced pleasurable effects; specifically, it made listening to music a more enjoyable experience and aided his creativity. Mr. Giarraputo stated that he had also used other substances including LSD, cocaine, Percocet, and psilocybin. After briefly abstaining from the use of cannabis in June 2019, Mr. Giarraputo stated that his use increased significantly. He used large amounts of highly concentrated cannabis.

Position of the Parties

11. At the outset of the hearing, Ms. Zamprogna stated that in the opinion of the hospital and the treatment team Mr. Giarraputo no longer represented a significant threat to the safety of the public and was therefore entitled to an absolute discharge. Counsel for the Attorney General of Ontario, Mr. Rows, and counsel for Mr. Giarraputo, Mr. Gehl, both supported the opinion and recommendation of the hospital.

Evidence

12. The evidence on behalf of the hospital was presented by Dr. Mokhber. She is Mr. Giarraputo’s attending psychiatrist and the author of the Hospital Report which was filed as an exhibit. Dr. Mokhber confirmed that in her opinion the necessary and appropriate disposition was an absolute discharge. Dr. Mokhber stated that it was important to understand the timing of the hearing in relation to the commission of the index offence. She stated that the index offence had occurred in December of 2021, almost four years ago. Since the commission of the index offence, Mr. Giarraputo has resided in the community with his family. There have been two brief admissions to hospital in that time period, the last occurring three years ago. Dr. Mokhber said that Mr. Giarraputo has been fully compliant with his antipsychotic medication. He has significant professional supports in the community including a community psychiatrist, Dr. Villella. Dr. Villella has known Mr. Giarraputo for a number of years and his monthly reports have been included in the Hospital Report. Mr. Giarraputo also has a family doctor, a case manager and a nurse assigned to his care in the community.

13. Dr. Mokhber referenced that Mr. Giarraputo has a very supportive family, who were all in attendance at the hearing. All of the members of his family are aware of his major mental illness and his treatment history. Dr. Mokhber said that Mr. Giarraputo’s last use of cannabis was in 2024. He does have insight into his substance use disorder. Mr. Giarraputo has spent a year engaging in psychotherapy. Mr. Giarraputo does have “alarm symptoms” which develop if there is an increase in his psychosis. He becomes more anxious as a result of a generalized anxiety disorder. An increase in Mr. Giarraputo’s anxiety is a sign that his psychosis is beginning to increase. Dr. Villella is well aware of this and would be able to manage Mr. Giarraputo’s risk by admitting him to hospital under the Mental Health Act in order to protect the safety of the public.

14. Dr. Mokhber stated that Mr. Giarraputo is motivated and has established some realistic goals for his future. He is presently attending university and at the same time holding down two part-time jobs. Mr. Giarraputo has stated that if his workload at school becomes too heavy then he will give up one of the part-time jobs. Dr. Mokhber said that Mr. Giarraputo knows how to protect himself from overstressing. He is a spiritual person and participates in a number of church groups. Dr. Mokhber characterized Mr. Giarraputo as a “nice, smart and kind man.” She stated that the treatment team considered all risk factors and concluded that they could not offer any more support to him than that which he is currently receiving in the community.

15. In response to questions from Ms. Zamprogna, Dr. Mokhber said that the main factor in the improvement in Mr. Giarraputo’s mental state has been the development of his insight into his illness and into the role substance use played in his illness. Dr. Mokhber stated that the diagnosis had been changed from drug induced psychosis to schizophrenia because Mr. Giarraputo continued to display symptoms of schizophrenia even without consuming substances. Dr. Mokhber stated it is possible that Mr. Giarraputo might not need to take antipsychotic medications on a lifetime basis. This is because this is a first episode of psychosis and further treatment will depend upon his stability. She stated that she expected that Dr. Villella will gradually taper his medications at some time in the future. Finally, Dr. Mokhber again stated that in her opinion there was nothing that the Forensic Program could offer Mr. Giarraputo and that his risk can be safely managed in the community by his community psychiatrist.

16. Mr. Rows did not have any questions for Dr. Mokhber.

17. In response to questions from Mr. Gehl, Dr. Mokhber acknowledged that Mr. Giarraputo is now much more cooperative with the treatment team than he was when the index offence occurred. He has also reconnected with his family who provide a great deal of support to him and are educated in the circumstances of his mental health issues. Finally, Dr. Mokhber acknowledged that Dr. Villella is very involved in treating Mr. Giarraputo in the community. He is well aware of the symptoms of his illness. Dr. Mokhber also confirmed that beyond Dr. Villella, Mr. Giarraputo to is in contact with the Canadian Mental Health Association (CMHA) and with a registered nurse in the community.

18. In response to questions from the members of the Board, Dr. Mokhber stated that Mr. Giarraputo has had no contact or attempted contact with the victims of the index offence. Dr. Mokhber stated that the use of cannabis in 2024 was on one occasion when Mr. Giarraputo was feeling anxious and used cannabis alone. She stated that his social network is quite limited. Finally, Dr. Mokhber stated that Mr. Giarraputo has not expressed any intention to obtain or use or have any interest in firearms.

19. Neither Mr. Rows nor Mr. Gehl called evidence at the hearing.

Submissions

20. At the conclusion of the evidence, all counsel reiterated the joint submission made at the outset of the hearing that the necessary and appropriate disposition was an absolute discharge.

Analysis and Disposition

21. The threshold issue for the panel to determine is whether or not Mr. Verilli continues to represent a significant threat to the safety of the public. The “significant threat” standard is an onerous one. There must be both a likelihood of a risk materializing and the likelihood that serious harm will occur. An accused is not to be detained based on mere speculation; the Board must be satisfied as to both the existence and gravity of the risk of physical or psychological harm posed by the accused to deny them an absolute discharge. As set out in Winko 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625) the threat must be:

(1) More than speculative in nature and must be supported by the evidence;

(2) Significant in the sense of there being a real risk of physical or psychological harm to individuals in the community and in the sense that this potential harm must be serious; and

(3) The conduct creating the harm must be criminal in nature.

As stated by McLachlin, J. (as she then was) at para. 69

“it is for the court or Review Board, acting in an inquisitorial capacity, to investigate the situation prevailing at the time of the hearing and determine whether the accused poses a significant threat to the safety of the public. If the record does not permit it to conclude that the person constitutes such a threat, the court or Review Board is obliged to make an order for unconditional discharge.”

22. The Ontario Court of Appeal re-emphasized the onerous test in Re: Gibson 2022 ONCA 527, per Lauwers J.A. at para. 9:

Huscroft J.A. said in Carrick (Re), 2015 ONCA 866, 128 O.R. (3d) 209, at para. 17, that “the ‘significant threat’ standard is an onerous one”. He added that “[t]he board must be satisfied as to both the existence and gravity of the risk of physical or psychological harm posed by the appellant in order to deny him an absolute discharge.” Mere speculation is insufficient. See also, Sim (Re), 2020 ONCA 563, at paras. 63-65, per Strathy C.J.O., Marmolejo (Re), 2021 ONCA 130, 155 O.R. (3d) 185, per Tulloch J.A., at paras. 33-37.

23. At the outset of her evidence, Dr. Mokhber stated that one of the key factors in this particular hearing was its timing. The index offence in this matter occurred on December 17, 2021. Following his arrest on these charges, Mr. Giarraputo was released on bail to the community to reside with his father and to be under his care and supervision. Mr. Giarraputo has remained in the community since that date, save and except for two brief admissions to hospital. For reasons which are not included in the Record before the Board, this matter did not come before the Court for finalization until May of 2025. During the three and a half years leading up to trial, Mr. Giarraputo remained in the community. He was employed and was under the care of a community psychiatrist. He also established a relationship with the CMHA and returned to school. This resulted in the somewhat unusual presentation of an individual found not criminally responsible but appearing before the Board for his initial hearing with a solid, documented record of behaviour and treatment in the community following the commission of the index offence. For completeness, the clinical assessment of risk found in the Hospital Report is as follows:

“It is the opinion of the treatment team that Mr. Giarraputo no longer poses a risk of serious physical or psychological harm to members of the public. The following evidence supports this opinion:

1. Mr. Giarraputo has a serious mental illness and committed a serious index offence. However, in the last four years he has sustained a continued level of stability. He maintained his wellness while living with his father and attended necessary mental health appointments to support his stability;

2. Mr. Giarraputo has abstained from relapsing on cannabis for close to one year. Over the review period, he demonstrated an adaptive style of coping and improved insight around how past cannabis use impacted his mental health;

3. Mr. Giarraputo has been adherent to his medication regime this reporting year. Post forensics, his treatment would continue to be supervised and treated (by W-PEP and a community psychiatrist, Dr. Villella);

4. Mr. Giarraputo demonstrated good insight into a possible diagnosis of schizophrenia and drug-induced psychosis. Dr. Villella also confirmed good insight into his overall mental illness and need for treatment. He was able to accurately list symptoms he was experiencing prior to the index offence and expressed remorse for his actions. He presented an awareness into the interpersonal and contextual factors that may heighten the severity of his symptoms (stress, cannabis use, etc.).

5. Mr. Giarraputo’s integrated risk is considered low and illustrated key protection from internal, motivational, and external factors; and

6. Mr. Giarraputo has strong personal and professional supports in close proximity. His father and family have supported treatment intervention in the past when signs of decompensation surfaced at which time the provisions of the Mental Health Act were effective. These supports would provide appropriate intervention in the event of future risk-enhancing concerns (violence, decompensation, noncompliance). Mr. Giarraputo has also independently attended hospital or the pharmacy when feeling unwell.”

7. In coming to the recommendation of the hospital and the treatment team, Dr. Mokhber emphasized that Mr. Giarraputo’s symptoms are well controlled and that he has maintained good insight into his symptoms of decompensation, demonstrated positive awareness around the contextual and interpersonal factors that may increase his risk and he has a strong, personal and professional protective network that could support intervention if needed. His substance use is in remission, he has expressed remorse for the index offence, he has demonstrated treatment capacity and independently sought hospital care when recognizing early signs of decompensation. In summary, Dr. Mokhber stated that there is really nothing that the Forensic Program can offer Mr. Giarraputo moving forward. Accordingly, the necessary and appropriate disposition is an Absolute Discharge.

8. In his submissions, Mr. Gehl emphasized that Mr. Giarraputo had already done everything that might reasonably be expected of him had he been under the terms of a Disposition since the index offence. To now impose any Disposition other than an Absolute Discharge would be a detriment to the gains already made.

9. The Board is unanimous in accepting the opinion of Dr. Mokhber and the treatment team. In the absence of evidence that Mr. Giarraputo is a significant threat to the safety of the community then the only available Disposition is an Absolute Discharge.

DATED this 2^nd day of December 2025, at the City of Toronto, in the Region of Toronto.

Mr. G. Beasley

Alternate Chairperson

____________________________

Office of the Registrar

Ontario Review Board