Ontario Review Board
Re: Mr. Florian Gumpel
ORB File No. 8373-8409
Hearing held on: January 16, 2025
Place of Hearing: Brockville Mental Health Centre
Pursuant to: ss. 672.81(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. Y. Alatishe
Dr. G. Kerry
Ms. K. Brisson
Mr. K. McKenna
Parties Appearing:
Accused: Florian Gumpel Counsel: Mr. M. P. Bird
The Person in charge of Hospital: Representative: Dr. A. Adiele
Attorney General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated March 7, 2025)
Introduction
Mr. Gumpel was found not criminally responsible (NCR) for the Criminal Code offences of assault cause bodily harm, assault with a weapon (x2), mischief damage to property (x4), and unlawfully in a dwelling house on August 18, 2023.
He was also found not criminally responsible for the Criminal Code offences of assault cause bodily harm and assault with a weapon (x2) on October 20, 2023.
He is currently subject to a detention order under a Disposition dated February 22, 2024, with privileges that extend to entering the community of Brockville indirectly supervised.
A panel of the Ontario Review Board (the panel) convened this annual hearing at the Brockville Mental Health Centre (BMHC) on January 16, 2025, to review the current disposition and make any other disposition that is appropriate in the circumstances, pursuant to s. 672.81 (1) of the Criminal Code of Canada.
BMHC had requested that Mr. Gumpel be transferred to the Royal Ottawa Mental Health Centre (ROMHC), where Mr. Gumpel was hospitalized following the index offences before being transferred to BMHC on March 25, 2024. ROMHC recently advised BMHC by letter that they were not willing to accept the transfer of Mr. Gumpel.
The panel was provided with the Victim Impact Statement of Ms. Heather Murchison, which details the profound impact the offence has had on her. The panel also received written statements from Ms. Aimee Amikon his sister, and Ms. Roswitha Gumpel, his mother, in which they revoke the “no contact clause” with Mr. Gumpel, which is provided for in the current disposition.
Ms. Heather Murchison, her father Norman Murchison, Roswitha Gumpel, Aimee Amikon, and a friend, Holly Harrison attended this hearing. Ms. Murchison was called by the Crown and read her victim impact statement.
At the commencement of the hearing the Hospital advised the panel that it was recommending a continuation of the existing detention order with the same terms and conditions, with the addition of permitting Mr. Gumpel to travel to Ottawa to attend cultural events escorted by staff. Counsel for the Attorney-General, and for Mr. Gumpel supported this position. Dr. Adiele did state in his evidence that he would like to see Mr. Gumpel transferred to Royal Ottawa, but this was not argued before this panel.
After hearing the evidence, the panel concluded that Mr. Gumpel is a significant threat to the safety of the public, and that a continuation of the current disposition with the same terms and conditions is necessary and appropriate; with the added provision of being able to attend cultural events in Ottawa escorted by staff.
Index Offence
- The following is a synopsis of the facts pertaining to the Index Offences.
Events of December 12, 2022
“On May 12, 2022, Mr. Gumpel entered into a criminal court probation order
requiring that he keep the peace and be of good behaviour. On December 12, later
that same year, he seriously assaulted three individuals.
Mr. Gumpel had been staying with his mother at her home on Ogilvie Road in
Ottawa for the week prior. The incident began when Roswitha Gumpel was on a
video chat phone call with her friend, Heather Murchison. Heather Murchison
lived nearby in the same residential complex.
During the video chat, Heather Murchison saw Mr. Gumpel on the screen with his
mother. He was holding a knife to Roswitha. The video call ended abruptly.
Fearing for Roswitha’s safety, Heather dialled 911. Mr. Gumpel fled from his
mother’s unit down the hallway. He encountered a tradesman, Davin Sepp, who
was working on the same floor, installing windows.
Mr. Sepp described M. Gumpel’s face to be full of rage. Mr. Gumpel was holding
a hammer. Suddenly, he walked up to Mr. Sepp and struck him on the right side of
the face with the claw end of the hammer. Mr. Sepp suffered serious facial
lacerations. Not long after, he was brought to the Ottawa hospital for medical
Mr. Sepp’s coworkers heard him yelling for help. They went into the hallway and
saw the attack. A co-worker, Mr. Tate, chased after Mr. Gumpel. During the
pursuit, Gumpel threw a glass coffee pot at Mr. Tate’s face, just missing him. Mr.
Tate was not injured.
Mr. Gumpel then fled outside the apartment complex where he approached two
other workers who were sitting in their work truck on lunch break. He ran up to
the truck and struck its window with the hammer, causing damage. Mr. Gumpel fled toward a second vehicle, a Kia Soul, belonging to Heather Murchison. Mr. Gumpel struck it with a hammer, again causing damage.
From there, Mr. Gumpel went to Heather Murchison’s home and attacked her. Ms.
Murchison heard banging on her front door. She opened the door and saw Mr.
Gumpel holding the hammer in one hand. Using his other hand to push his way
into her home, he caused her to be pushed into the closet door. A struggle ensued.
Her wrist ended up sore. The closet door was damaged. Ms. Murchison tried to
prevent Mr. Gumpel from coming in. He was swinging the hammer at her, leading
her to believe he was going to strike her with it.
Neighbours heard the commotion and rushed over to help. Multiple community
members restrained Mr. Gumpel until police arrived. When they got there, they
found Mr. Gumpel being restrained by multiple citizens outside Ms. Murchison’s
front door. In their efforts to arrest Mr. Gumpel, he resisted by pulling away while
officers tried to place handcuffs on him. Force was used to subdue Mr. Gumpel.
The officers determined that Mr. Gumpel had also used the hammer to smash the
glass window of a building stairwell door. Ms. Murchison’s door handle was also
damaged from multiple blows.
Events of April 7, 2023
By April, Mr. Gumpel had been released on Bail and was staying with his sister
Aimee Amikons and her partner Adam Chaisson at their apartment on
Meadowlands Drive in Ottawa.
At 0305 in the early morning of April 7, 2023, police officers responded to a 911
call placed by Aimee Amikons. On arrival, they saw three involved parties. The
residence was contaminated with pepper spray. Adam Chiasson was holding Mr.
Gumpel down on the floor. Both men were covered in blood. Ms. Amikons was
standing there, still on the phone with the 911 operator.
Aimee Amikons reported her brother had come home the day before with a jerry
can of gas. She did not know his purpose. She did not let him bring it into the
residence.
In the early morning of April 7, before the police were called, Mr. Gumpel had
come home, this time smelling of gas. They asked him to change and shower. (She
has asthma). He refused. An argument started between the two males. Mr. Gumpel
was making weird statements. They believed he was hallucinating. Mr. Gumpel
took out a can of bear spray. He sprayed Mr. Chaisson in the face. Mr. Chaisson
felt intense pain in his eyes.
Mr. Gumpel then attacked Ms. Amikons and struck her with a bat. Mr. Chaisson restrained Mr. Gumpel who began striking Mr. Chaisson with the bat. The struggle
continued into the hallway where the sister tried to hold her brother down. He
continued to kick and bite at her hands. When Mr. Chaisson tried to hold Gumpel
down, he got punched in the face. By the time police arrived, Mr. Chiasson had
Florian Gumpel pinned to the floor.
Arrested immediately, Mr. Gumpel was taken to police cells, where he spoke with
a lawyer. Soon after, his medical condition changed, due to an insulin spike. He
was taken hospital.
Hospital Report dated November 18, 2024
The Hospital Report (the Report) dated November 18, 2024 was prepared for this hearing and filed as an exhibit. It provides significant information related to Mr. Gumpel’s personal and medical history.
His current diagnoses are:
(i) Schizophrenia, multiple episodes, in partial remission;
(ii) Generalized Anxiety Disorder with panic Attacks;
(iii) Opioid Use Disorder (in controlled environment);
(iv) Stimulant Use Disorder (in controlled environment);
(v) Cannabis use Disorder (in controlled environment).
He has a significant criminal record which begins in 2014. He has numerous convictions for Break and Enter, and in 2022, he has convictions for both an assault with a weapon and an assault cause bodily harm.
Mr. Gumpel is single, he has no dependents, and has spent most of his life living with his mother. He has also occasionally used the shelter system.
Mr. Gumpel is First Nations as is his father. His mother, Roswitha Gumpel, was born in Germany and is not indigenous. His father has never been a part of his life. An early hospital report indicates that Mr. Gumpel’s father was also diagnosed with schizophrenia. Mr. Gumpel has a sister, Jessica, who was born in 1984, and Aimee, a victim of the index offence, who was born in 1988.
In grade 3 he was diagnosed with a learning disability, and at the age of 13 was diagnosed with Type 1 Diabetes. In grade 7 Mr. Gumpel responded to being bullied by stabbing a classmate in the hand with a pencil. Ms. Gumpel reported that her son at the age of 9 was involved in setting fires.
He did not complete High School, but actively participated in activities such as scouts, sea cadets, and karate, during his teenage years.
While released on bail for a criminal charge in 2017 Mr. Gumpel moved in with his sister Aimee and her boyfriend, Adam Chiasson, for approximately 3 years. According to Aimee, this arrangement was satisfactory for the most part, but near the end, Mr. Gumpel began consuming increasing amounts of substances. Throughout his time living with her she describes his behaviour as reclusive and irritable. On one occasion he assaulted Mr. Chiasson, and they ultimately asked Mr. Gumpel to leave their home. He then “couch surfed” at various places, and stayed in shelters.
Mr. Gumpel was released on bail for the December 2022 charges, and he returned to live with his sister. In the months preceding the April 2023 charges Aimee noted a decline in her brother’s mental health, and observed symptoms of psychosis.
Following the April charges Mr. Gumpel was detained at the Ottawa-Carleton Detention Centre until December 2023, when he was admitted to the ROMHC. In the Detention Centre he was receiving psychiatric treatment from Dr. Wood.
Mr. Gumpel has a significant history of drug use. At the age of 16 he started using Percocet, and at 18, was using “red rocket”, which is known to cause psychotic symptoms, and morphine. He used a variety of substances over the years with increasing frequency.
At the age of 18 he was using intravenous opiates, and hospital records from 2020 indicate a use of fentanyl. Mr. Gumpel also reported using methamphetamine and cocaine. A hospital report also indicates that Mr. Gumpel had been drinking approximately 12 beers daily for 5 years. Dr. Gojer’s NCR assessment from July 2023, noted that Mr. Gumpel suffered from alcohol withdrawal “shakes”, and experienced Delirium Tremens on several occasions. Mr. Gumpel informed Dr. Gojer that in the past he would be hospitalized for withdrawals and given benzodiazepines. He would occasionally fake withdrawal symptoms in order to be admitted to the hospital to acquire benzodiazepine. Medical records from 2017 reveal over 10 emergency room visits for overdose or withdrawal symptoms due to severe polysubstance use disorder.
A medical report from January 2020, indicates that Mr. Gumpel had reported occasional auditory and visual hallucinations while under the influence of substances, and when going through intense withdrawal. In those situations, he required physical and chemical intervention for aggressive behaviour toward staff, and he caused damage to property.
In August 2021 Mr. Gumpel was accepted into the Recovery Care Program where he was followed by an addictions doctor. He engaged in “double doctoring”, surreptitiously acquiring more of the medication than was prescribed. It was also noted that he has a history of using femoral lines which were in place for a medical procedure to inject substances.
Regarding his psychiatric history, Mr. Gumpel has had over 90 visits for consultations or admissions to acute care since 2017.
When Mr. Gumpel was staying with his sister after the December 2022, charges she observed him to be hearing voices and responding to internal stimuli. During the weeks preceding the April 2023 offences she saw his mental condition deteriorate. He became increasingly paranoid that others were spying on him, and barricaded the door at night. On one occasion he took his sister’s jacket to disguise himself. The day before the index offences in April he returned home with a jerry can full of gas.
At the time of last year’s hearing Mr. Gumpel was detained at ROMHC. Dr. Sandhu testified for the hospital. He indicated that Mr. Gumpel would require intensive management of his symptoms of anxiety, and that these symptoms are a significant risk factor. These symptoms have precipitated a misuse of prescribed medication in a controlled setting, and when uncontrolled, has led to hostile and aggressive behaviour towards members of the health care team.
Mr. Gumpel, because of his anxiety, misinterprets the actions of others which has resulted in him reacting violently.
Dr. Sandhu was also concerned with Mr. Gumpel’s current doses of methadone which he was receiving to treat an opiate disorder. On two occasions while at ROMHC Mr. Gumpel was taken to emergency after appearing to not be alert. It was suspected that he overdosed on opiate, and he required the administration of Naloxone.
In January 2024, Mr. Gumpel was admitted to the Montfort and Ottawa General Hospitals. He returned to ROMHC with stolen equipment from the hospital, including a catheter, which Dr. Sandhu suspected was to be used by Mr. Gumpel for his own intravenous drug use.
Dr. Sandhu further testified that Mr. Gumpel’s short-term memory is seriously impaired by his psychosis, and that he has no recollection of the index offences.
Dr. Sandhu expressed the Hospital’s desire to have Mr. Gumpel transferred to BMHC. He emphasized that it would be problematic for Mr. Gumpel to have access to the community indirectly supervised in the Ottawa area, and it would be very easy for his contacts to provide him with substances. He also advised that the range of privileges available in Ottawa are more limited than what is available for Mr. Gumpel in Brockville.
Mr. Gumpel was transferred to BMHC on March 25, 2024. The Hospital Report describes his progress since the transfer as mixed. Mr. Gumpel attends certain programs, but struggles with basic daily living activities and compliance with unit rules.
The Report refers to several incidents of contraband possession and medication diversion. He also continues to experience symptoms of paranoia. Mr. Gumpel has had a poor response to treatment, his ability to control his impulses are described as impaired, and he is often in an agitated state when interacting with nursing staff. He has demonstrated a poor ability to cope with stress.
Testimony
Dr. Adiele testified at this hearing. He referred to numerous incidents, such as medication cheeking, and taking substances from other patients. Mr. Gumpel is currently in the B4South unit, which is the most restrictive unit in the hospital. Patients in this unit have virtually no privileges. He has already moved three to four times between units as a result of issues with his behaviour.
Incidents and rule violations are listed in the Hospital Report on page 43. They include a physical altercation with a peer in April 2024, medication diversion in May, numerous episodes of vaping in his room, episodes of being argumentative with staff, and an occasion when he took a co-patient’s medication. He becomes irritable when staff attempt to enforce rules.
The evidence indicates that Mr. Gumpel reports occasionally feeling paranoid. His impulse control occasionally becomes impaired resulting in verbal outbursts. He requires frequent reminders to attend for breakfast and medication. Mr. Gumpel has limited insight into his treatment and rehabilitation.
Dr. Adiele advised that when Mr. Gumpel is moved to the less restrictive unit, B3N, it will be necessary for him to comply with the rules, and the expectations of the treatment team.
The Crown directed Dr. Adiele to the numerous rule violations and incidents noted in the Hospital Report. Dr. Adiele indicated that if Mr. Gumpel has a good month, he is likely be moved to B3N. At the present time, it is very difficult for Mr. Gumpel to comply with rules, and the hope is, that once he is transferred, he will benefit from attending programs.
Dr. Adiele advised the panel that Mr. Gumpel experiences psychotic symptoms occasionally.
In answer to questions from Mr. Gumpel’s counsel, Dr. Adiele stated that Mr. Gumpel is allowed off the ward either daily or every 2nd day. He agreed that the lack of opportunity to smoke outside may be the reason he vapes in his room. Dr. Adiele confirmed that Mr. Gumpel engages with services from an indigenous elder named Thunderbear, and from the Chaplain Services.
He currently receives medication bi-weekly by injection.
In answering questions from the panel, Dr. Adiele advised that Mr. Gumpel has short-term memory impairment. The Hospital has not been able to conduct a cognitive assessment as a result of staffing issues which has been resolved. Dr. Adiele anticipates a cognitive assessment being done in the near future.
Dr. Adiele does not see many traits of an antisocial personality disorder, so his focus is on treating the schizophrenia. He further explained that Mr. Gumpel is not permitted to attend any 1:1 counselling until he is moved from B3S.
Submissions
- The parties, in their submissions, agreed that a continuation of the current detention order was necessary and appropriate. They also agreed that it is appropriate for Mr. Gumpel to travel to Ottawa for indigenous cultural events escorted by staff.
Analysis
The panel agrees with the parties that Mr. Gumpel remains a significant threat to the safety of the public, and that a continuation of the current Disposition, with the changes concerning travel to Ottawa, is necessary and appropriate.
His risk was assessed using the HCR-20-V, and he was found to be a high risk of future violence. While in the forensic inpatient unit, he has exhibited verbal aggression, including racial comments, and aggressive physical posturing.
His history reveals significant substance use problems beginning at a young age, and numerous hospitalizations for overdose and withdrawal symptoms.
His profile includes psychosis and poorly controlled anxiety. He has also been diagnosed with antisocial personality traits, though these will require reassessment once his schizophrenia and substance use disorders are better managed.
Treatment compliance has been problematic, with probation violations and hostile attitudes toward his current treatment team.
He continues to present with ongoing reports of paranoia, ongoing anxiety, behavioural instability, poor compliance with rules, and poor insight. He has not responded well to treatment or stress, as is evidenced by Mr. Gumpel smuggling vapes into the ward to cope with his stress.
Mr. Gumpel is currently on the most restrictive unit without any privileges. It is anticipated that he will be moved to a less restrictive unit soon, and that he will be able to enjoy some of the privileges that are available to him.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
DATED this 7th day of March, 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
___________________
Office of the Registrar
Ontario Review Board