A hearing is underway in Saskatoon Court of Queen’s Bench to determine if the man convicted of killing 42-year-old Rocky Genereaux should be designated a dangerous offender.
Michael James Robertson fatally stabbed Genereaux in the stomach during an altercation in Genereaux’s bedroom in March 2015. Robertson claimed it was self-defence because Genereaux was threatening to stab him with an HIV-infected needle. Although he stood trial for second-degree murder, a jury found him guilty of the lesser offence of manslaughter in Saskatoon Court of Queen’s Bench last June. The Crown subsequently launched a dangerous offender application, which could result in an indefinite prison term.
In 2010, Robertson received a nine-year prison sentence for two robberies and assault with a weapon for blinding a beer store clerk in one eye with a pellet gun. He was designated a long-term offender, which included a community supervision order for seven years after his release.
Robertson was only four months into his statutory release when he went unlawfully at large in February 2015. He stabbed Genereaux the next month.
This is the second time the Crown has made a dangerous offender application for Robertson.
Forensic psychiatrist Dr. Shabehram Lohrasbe testified Wednesday that Robertson is considered a high risk to reoffend and that his violence has been escalating as he gets older. He’s been offending since 2002 and has an “extensive criminal history,” a parole officer testified on Tuesday.
When asked why Robertson, knowing he was on a long-term supervision order, would commit another serious crime so soon, Lohrasbe cited familiarity, impulsivity and an inability to foresee consequences under pressure. If Robertson continues to go back to that mindset, “then it’s hopeless,” Lohrasbe concluded.
He diagnosed Robertson with anti-social personality disorder — lacking remorse for his victims and a deep motivation to change — as well as attention deficit hyperactivity disorder (ADHD), for which he stopped taking medication when he joined a gang.
Robertson has been taking medication now that he wants to leave the gang lifestyle, Lohrasbe said. He stressed that rehabilitation is not possible unless Robertson stays away from gangs, negative peers and drugs — factors that were present in both of Robertson’s most serious convictions.
Court heard Robertson did not complete his substance abuse programming while in prison. Lohrasbe said there is no clear reason why.
During cross-examination, Lohrasbe said he took an “optimistic” view of Robertson’s future in his report, concluding that someone with a high risk to reoffend can be managed in the community if they cooperate with their support team. He believes Robertson has the capacity to remain “emotionally stable” in stressful situations and has shown a desire to distance himself from gangs, he said.
The week-long hearing is expected to conclude on Friday.
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