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Man with violent past in Penticton to remain in Forensic Psychiatric Hospital custody

A Penticton man who attempted to headbutt an officer after allegedly pushing his neighbour to the ground will remain in Forensic Psychiatric Hospital (FPH) custody.

Martin Lukacic, 24, was found not criminally responsible on Aug. 4, 2023, for his actions in Penticton that involved a month of assaults and threats.

He was sentenced to serve an indefinite detention order in a FPH, where he has remained since.

According to the decision published recently by the BC Review Board, the last hearing for Lukacic took place on September 6, 2024 to review the custody disposition.

The board received reports from his social workers, a Review Board liaison and from the hospital's forensic psychiatrist.

The decision states that Lukacic was described by police as a “major concern for community safety due to increasing aggression and unpredictable behaviour."

Before being arrested, Lukacic had allegedly threatened to kill a man and his young son, chased a female complainant while threatening to kill her and punched a man in the head without provocation.

Lukacic was unfit to stand trial due to his mental disorder, and was unable to demonstrate a basic knowledge of the roles and functions of criminal court. His behaviour was viewed to be violent and unpredictable, according to the decision.

He has remained at a maximum-security unit, and according to the report, in the past year was in seclusion on seven occasions.

"He was involved in six incidents of physical violence. He made threats of violence on six occasions. He engaged in indirect physical violence by banging or punching the nursing station window or destroying property on 10 occasions," the decision reads.

Lukacic did not have any community access during this time. While his order includes the possibility of escorted community passes, the doctors stated that he would need one-to-one supervision with this, and they do not have the staff to accommodate this need.

His behaviour did improve over the next year compared to the previous one.

"At the time of the previous hearing Mr. Lukacic could not be let out of seclusion for more than a few hours at a time. Now he is living in his room," the decision reads. "Seclusion remains an integral part of Mr. Lukacic’s management plan. When he becomes emotionally dysregulated he needs a quiet place by himself to calm down."

While his doctors are looking into moving Lukacic to a Community Living BC placement, nothing has been found or developed so far that matches with his needs.

The reports found that Lukacic would likely need a seclusion-type room to enable emotional reregulation, the availability of chemical restraints and the presence of a treatment team that has learned how to interact with him in order to avoid violence.

The board declined to include a provision for overnight visit leave and ordered for him to continue to be detained at FPH. They did encourage the parties to request an early hearing as soon as details of a community residence became available that would suit Lukacic.

Otherwise, the detainment order at FPH will be reviewed in a year.