Mistrial declared in case of Calgary man who admitted to killing mom while high on LSD

A mistrial was stated wed eve in a Calgary bump off visitation involving a man who admitted to killing his mother with a rock while high on LSD.

After hearing two weeks of evidence, the prosecution asked the jury to find Alex Xu guilty of second-degree murder in the death of his mother Alice (Jingying) Ai, 56. 

Xu admitted to killing Ai, but his lawyer argued his client was so high on the hallucinogenic drug that he believed he was killing a demon and should be found guilty of the lesser offence of manslaughter. 

Deliberations began Monday afternoon. 

At the 48-hour mark on Wednesday, jurors returned to the courtroom to tell the judge they were struggling to reach a unanimous verdict and presented a letter asking for “more guidance.”

Specifically, jurors wanted information on the effects of LSD on the human body. But during the trial, neither the Crown nor defence called any evidence related to the drug, so jurors could not be given any information on that topic. 

The panel also asked the judge if they had to find Xu intended to kill his mother. Xu testified that he intended to kill during the attack, but at the time believed his mother was a demon, not a human. 

After receiving further instructions on that issue, jurors returned to the deliberation room, but were back in the courtroom less than 30 minutes later with a second letter for Court of King’s Bench Justice Robert Armstrong.

“We cannot reach a unanimous verdict,” the note read.

The judge thanked the panel for its service and dismissed the jurors. 

“Having received no verdict in this case, I declare a mistrial in these proceedings,” said Armstrong. 

The case will return to court later this month for the lawyers to determine what happens next. 

Defence lawyer Dale Fedorchuk indicated in court he plans to ask for his client to be released on bail.

Xu has been in custody since his arrest in 2023.

That year, he testified that he’d begun experimenting with LSD that he bought off the internet. 

On June 30, 2023, Xu testified that he took a large dose of the hallucinogenic drug and was “in a state of extreme confusion,” calling the experience “terrifying.”

His parents became concerned about his behaviour and insisted on taking Xu to the Foothills Hospital. 

Once there, Xu said he wanted to leave and walked out of the waiting room before seeing a doctor. It was just before 3 a.m. 

CCTV footage from the hospital shows Xu’s father headed toward the family’s parked car while his mother followed Xu into the northwest neighbourhood of St. Andrew’s Heights. 

Xu testified that he stopped between two homes. His mother tried to pull him back toward the hospital. 

At the time, Xu said his mother’s face appeared “monstrously deformed” and he perceived her as “a demonic entity.”

He testified that he then pushed, punched and kicked his mother before taking a rock and striking her in the head. 

Xu said the blood from the blows “snapped” him back into reality. 

He then walked into the middle of 29th Street N.W. And began flagging down vehicles to ask drivers to call 911, telling at least four different people — including a 911 operator and responding police officer — that he’d just “murdered” his mother. 

Xu then pointed first responders to the area where he’d attacked Ai.

Officers found her laying face down, not breathing, with an open wound to the back of her head. 

In his closing arguments Monday, Fedorchuk told jurors that when Xu learned he killed his mother, “he wanted to die” and tried to take his own life several times.

Justice affairs reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than 15 years. Send Meghan a story tip at meghan.grant@cbc.ca.

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