Posted on 10/01/2010 5:26:11 PM PDT by nickcarraway
A Longmont man accused of shooting at and attempting to kill a Longmont Police Officer in May appeared in Boulder District Court on Friday and pleaded not guilty by reason of insanity.
Brandon Duke, 22, is charged with first-degree attempted murder, first degree assault, felony menacing, possession of a weapon by a previous offender, all felonies, and misdemeanor carrying a concealed weapon, resisting arrest, obstructing a police officer, and reckless endangerment. He told investigators after he was arrested that he believed Longmont Officer David Blake was a zombie and that his actions were caused by mental illness.
Duke shot at Blake on May 8 near Boston Avenue and Main Street after Blake tried to arrest Duke on an outstanding warrant, according to police reports and court records. Blake chased Duke, who ran from him after briefly pausing and apparently complying with Duke's orders. Witnesses told investigators that as Duke ran away he seemed to be pulling something at his waistband. Blake first tried to shoot Duke with a Taser, but missed. Duke then fired several shots from a handgun at Blake and missed. Blake caught up with Duke, who hid behind a row of commercial trucks in the area, and fired at Duke when he emerged with a handgun. Blake struck Duke in the torso and arm, and grazed Duke's head.
An internal police review and Boulder County District Attorney's review determined Blake's use of force was justified. That same review noted Duke's comments to investigators.
"At various times, he said that he had ‘blacked out’ and could not remember what happened, that he remembered pulling the gun but only to toss it aside, and that he thought he was being chased by a zombie and was only shooting as a warning or to protect himself," according to the report.
Duke appeared in Boulder District Court on Friday morning wearing a blue jail jumpsuit and sat quietly as he waited for his case to be heard. A scar from the bullet that grazed his head was visible along his hairline across his forehead. His whole body quivered as he stood cuffed and shackled next to his public defender and Boulder District Judge DD Mallard read to him an advisement about the process of committal and mental health reviews that accompany an insanity plea. He said only "yes ma'am" when she asked if he understood and "no, ma'am" when she asked if he had any questions.
Duke will undergo a mental health examination and testing as part of the plea. The court is scheduled to review the reports on Dec. 3.
If he goes to trial on the charges and is found not guilty by reason of insanity, which means that at the time of the shooting he was incapable of distinguishing right from wrong, he would be committed indefinitely to a state mental health hospital until doctors determine he is well enough to be released safely. Prosecutors at that time would be allowed to object.
Did they prove the officer wasn’t a zombie?
Zombie cop ping.
I’ll give him a 10 for originality. At least he didn’t claim that he thought he was being chased by a Twinkie.
The drugs are pretty good in Boulder.
Zombies is a new one on me.
“Zombie down! Zombie Down!”
Fool. He should have listened.
Zombies cry “BRAINNNNNNSSSS!”
Cops cry “DOOOONUTS!”
(In the interest of clarity, my brother and two nephews are cops).
Well, he does have insanity defense going for him. To shoot at a cop, how insane is that?
That’s my job.
In my experience most cops are zombies.
In my experience most cops are zombies.
In Longmont the cops are zombies!
Anyone lucid enough to tell the cops they’re crazy, isn’t.
Could he use the same excuse for Hillary in the camera viewfinder?
Who has the zombie ping list? I am seeing some reports but I figure I’m missing a lot
Did the officer ask for brain-donuts?
Hey, I’ve seen that cop!
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