Man found not criminally responsible in fatal jail cell stomping

The 27-year-old man charged with second-degree murder after another man was stomped to death at the Edmonton Remand Centre has been found not criminally responsible.

Justin Somers, a diagnosed schizophrenic from Fort McMurray, Alta., was placed in a cell with Barry Stewart in May 2011.

'He was a piece of meat being thrown into a lions cage.' Melissa Carson, Barry Stewart's niece.

Stewart, 59, was serving a two-day sentence for failing to pay fines for riding on the LRT without paying a fare andjaywalking. Somerswas in jail for drinking, which breached bail conditionson unrelated charges.

"He was there for fines. He lost his life over fines," said Stewart's niece,Melissa Carson,outside the courthouse Tuesday.

When Somers arrived at the remand centre in 2011,he was interviewed by anurse who warned thathe displayed"paranoid delusional behavior," was a danger to otherprisoners and should be placed in the mental health unit, according to an agreed statement of facts.

A psychologist also met with Somers, recommending it would be inappropriateto put Somers in with the general population, even temporarily.

However no beds were available andSomerswas placedin a holding cellan empty room containing only a bench with Stewart.

"He was a piece of meat being thrown into a lions cage. He had no choice about it at all," said Carson.

The cell was near the guards' office andunder video surveillance.

All was quiet for about 12 hours as Stewart slept on the floor covered by a blanket.

The surveillance camera shows Somers pacing, then suddenlyhopping up on a bench and jumping on Stewart's head with both feet.

Stewart neverstirs as Somers continues the attack foreight minutes, striking him 25 times andleaving blood-stained footprints across the cell.

It takes staff three more minutes torespond.

Hours later,Somers told an Edmonton homicide detective he thought his fellow inmate had a green stench and was eating heads.

Carson says the family is devastated by the death of Stewart, who she described as a generous, timid man.

She wants to know why guards at the remand centre put Somers in her uncle's cell, despite the warnings from those who had interviewed the man.

Carson also says guards took far too long to respond to the attack when it did happen.

"I think the guards that put him in there should be on trial."

During the hearing Court of Queen's Bench Justice Brian Burrows noted that there were some concerns arising out of the evidence given, but added the only issue before the court was if Somers was legally responsible for his behaviour.

"The circumstances clearly give rise to many troubling issues", he said.

The province will hold a fatality inquiry into Stewart's death.