CHARGE OF ASSAULT WITH INTENT TO MURDER AGAINST MARINE CORPS VETERAN WITH SEVERE MENTAL ILLNESS DISMISSED.

Defendant was committed to the Veteran’s Hospital in Brockton. Defendant physically assaulted another patient by punching him twice in the face. Defendant then stabbed a nurse in the neck with a ballpoint pen. Defendant suffers from Schizoaffective Disorder, Bipolar Type and presents with prominent symptoms of psychosis, including significant auditory hallucinations and delusions. Defendant hears voices telling him to do things. However, law enforcement took the position that the Defendant was legally responsible for his actions, knew exactly what he was doing, and that his mental illnesses did not play any factor in his attack on the nurse and other patient. Specifically, law enforcement alleged that the Defendant’s attack was premeditated and he planned the attack about an hour and half earlier. Defendant stated that the voices in his head did not tell him to attack the nurse. Defendant stated that he stabbed the nurse because he wanted to experience the feeling of killing someone. According to law enforcement, the attending physician could not say for certain whether the Defendant was legally responsible for his actions due to his mental illness. Defendant was charged with Assault with Intent to Murder (G.L. c. 265, §15), Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A), Assault & Battery (G.L. c. 265, §13A), and Disorderly Conduct (G.L. c. 272, §53).

Result: Defendant was found incompetent to stand trial. The Commonwealth petitioned to have the Defendant committed to the Bridgewater State Hospital because he required the strict security of the facility while treating his mental illness. Defendant had been involuntarily committed for several years and periodically found incompetent to stand trial at the time that the Defendant’s father hired Attorney Patrick J. Noonan. Defendant was transferred to the Worcester Recovery Center but still involuntarily committed. Attorney Noonan met with the Defendant, his father, and his treatment team. Defendant was doing well and progressing with his treatment. The treatment team wanted to progress the Defendant into his next stage of treatment, which was supervised community access where the Defendant would have limited exposure to the outside world. However, the treatment team could not advance the Defendant to this next level of treatment because the Defendant was “held without bail” and his bail status precluding him from leaving the hospital. The criminal case was greatly interfering with the Defendant’s treatment. Attorney Noonan successfully moved the Court to change the Defendant’s bail status so he could progress to his next level of treatment and have supervised community access. Defendant did very well with his next level of treatment and he had no incidents. Attorney Noonan filed a Motion to Dismiss the case pursuant to G.L. c. 123, §16(f) because the Defendant has been held in the capacity of incompetent to stand trial for five (5) years, which is one-half of the maximum sentence of the most serious crime he was charged with: Assault with Intent to Murder. Attorney Noonan also argued that §16(f) grants the Court the discretion to dismiss such a case “in the interests of justice.” Attorney Noonan presented evidence from the Defendant’s treatment team stating how well the Defendant was doing and that the Defendant was temporarily scheduled to be discharged from the Hospital subject to an outpatient treatment plan. The Judge dismissed the case. With the criminal case dismissed, the Defendant has no restrictions on his ability to receive quality medical care.