Smith v. State

614 P.2d 300 (1980)

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Nature of the Case

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Facts

Two days before the shooting, D purchased a firearm. On September 28, D was told that he was being processed out of the service on a Chapter 13 discharge as an undesirable. D had previously been diagnosed as a paranoid schizophrenic but his officers were unaware of the problems. He was hospitalized twice each for approximately two weeks. D then entered the supply pulled a gun and told a platoon sergeant that he needed a car. Wells persuaded D to follow him into the bin room where one of the two sergeants present turned over to D the keys to his truck. D got the keys to a truck and headed toward downtown Anchorage. Gunfire was exchanged at the Fort Richardson gate. A police chase ensued, and D accelerated to a high rate of speed and was pursued by several marked and unmarked police vehicles. D then pulled over to the side of the road and went running through a wooded area. D fired twice at an officer and hit him in the chest and shoulder. The officer hit D once. D was found lying on the ground, bleeding from the leg. D admits shooting Jordan. D claimed insanity. All the experts agreed that D suffered from chronic schizophrenia. There was disagreement as to whether D's actions fell within the legal definition of insanity. All agreed that D had substantial capacity to tell right from wrong. Two thought that Smith lacked capacity to conform his actions to society's norms, and one did not. D was convicted of shooting with the intent to kill or cause great bodily harm. D appealed, claiming that the court erred by ignoring his experts who said that he suffered from schizophrenia and was not legally sane. Another expert had testified that D was sane despite suffering from the condition.