No discharge for killer

Photo: Contributed

Kenneth Barter

A man found not criminally guilty of killing and dismembering his friend will not be getting an absolute discharge.

In August 2010, Kenneth Barter murdered and mutilated Nathan John Mayrhofer in Vernon.

Barter was charged with second-degree murder in the death of Mayrhofer, whose dismembered body was discovered in an apartment in the 2900 block of 33rd Avenue.

Barter pleaded not guilty by mental disorder and the judge in the case agreed with the findings of the psychiatrist in the case, finding Barter not guilty by mental disorder.

Barter has been living in the community for the past three years following four years in a psychiatric facility.

On January 14, 2015, the British Columbia Review Board discharged Barter conditionally stating he must undergo annual reviews.

Barter recently filed an appeal seeking an absolute discharge, but the board denied the request “because it was of the opinion he remained a significant threat to public safety.

“The board agreed that the extent of the accused’s inflexible thinking remained a cause of significant concern. Such thinking leaves the accused prone to cognitive distortions as illustrated by his reasoning for postponing future plans until absolute discharge. It is also likely to lead to [sic] the accused to experience increased problems in reacting appropriately to his environment. The kind of problems posed by such thinking leaves the accused unable to appreciate the nuances of his risk. The fact is that the board has determined that his risk is low while under forensic oversight. That is why he has been permitted to live in the community under conditional discharge.”

At the time of the 2018 review, Barter resided in a semi-independent apartment operated by a foundation that assists persons who have a mental illness and he sees an outreach worker weekly. He also sees a doctor and the forensic nurse/case manager every six to eight weeks.

The board determined Barter's risk is low while under forensic oversight.

After drinking in a bar, Barter and Mayrhofer spent the night at Barter’s apartment.

Barter struck Mayrhofer in the head with a hammer, rendering him unconscious. Barter then placed a plastic bag over Mayrhofer head and dragged his body into the bathtub.

Barter left the apartment to buy some cigarettes and when he returned, he got the idea to cut Mayrhofer's body into pieces from a television show.

Barter dismembered the body, double-bagged the parts, and placed the bags in a freezer and refrigerator. He cleaned up the apartment and his clothing, disposing of the knife and meat cleaver he had used. The following day, Barter told his parents what he had done.