Defence argues mental illness in long-running Kelowna homicide trial

Five years after Darren Middleton died of blunt force trauma to the head, suffered a severed penis, missing his testicles, and was found in a bathroom of the home in Rutland, the second-degree murder trial for the woman accused of his death is one step closer to being completed.

Gabriella Sears was first arrested and charged on the morning of June 17, 2021, with the killing of 49-year-old Middleton.

Sears had confessed to police that she had killed Middleton following her arrest, but after a voir dire, the judge ruled the confession may not be used as evidence in the trial on the grounds that Sears’ rights were violated by police.

The trial has faced various delays as Sears unexpectedly fired her defence lawyers mid-trial in December 2023. Then, in June 2024, her new counsel filed an application to withdraw from the case, making them the third set of lawyers to represent Sears in the trial.

In response to the unusual decision, Justice Carol Ross ordered that Sears undergo a month-long psychiatric assessment. It was later determined that Sears was fit to stand trial.

The trial then restarted in Kelowna on Dec. 8, 2025, two years after the first trial was stopped.

In 2026, the trial slowly progressed through the court, facing more delays.

On June 23, the trial returned before a Kelowna Supreme Court, with Sears appearing by video as her legal team began submissions.

Defence lawyers claim Sears is not criminally responsible for Middleton’s death due to her mental health.

The body of Middleton was found in the bathroom of Sears’ residence at 1210 Sycamore Road.

An RCMP officer who interviewed Sears two days after her arrest was the first witness called by the defence. The court was shown video of the three-hour-long interview, including Sears drawing a diagram of her whereabouts after the murder.

The trial is expected to continue through the week.