State v. Arriola

2009 Tenn. Crim. App. LEXIS 728 (Aug. 26, 2009)

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Nature of the Case

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Facts

D was first hospitalized for mental health treatment in 1987. D was diagnosed with paranoid schizophrenia. D was released with orders to stay on his medicine and continue treatment, but he did neither. D was hospitalized again. Upon release, D refused to take his medication. D was hospitalized again when he had gotten into a fist fight with his older brother, John, over the issue of D not bathing regularly. D was treated and released, but once again stopped his treatment. D caused problems with signs for his businesses in the neighborhood. D's parents took down his signs to avoid paying a fine, but D replaced the signs and refused to remove them. D's parents both thought if they served D with an eviction warrant, the judge could commit D for treatment or, at least, have D agree to treatment. Officer Johnnie Spears and Officer Jerry Newsome served an eviction warrant on D. D shot Spears in the mid-section with a handgun and Spears also saw Newsome grab his chest go down. D then began using a camouflaged shotgun. Spears thought Newsome was dead because he never saw him move after falling. Spears made a radio call signaling that a 'police officer [was] in serious danger.' More officers arrived, and they also called for SWAT. D's came to the scene and warned them that the D was schizophrenic. Before the basement team made it into the house, they began 'drawing fire' from the D after throwing two 'distraction devices' into the house. D fired 4 shots at the police. D came out of the house and was arrested. Officers described D as coherent and subdued. D chose not to waive his Miranda rights. Newsome was shot five times: three times with a handgun and two times with a shotgun. Three of the shots were quickly fatal. D was undergoing therapy and treatment for paranoid schizophrenia. Dr. Farooque testified that on September 22, 1995, Dt was psychotic and was not able to appreciate the wrongfulness of his actions. In fact, she said he felt justified to defend himself because he thought he owned everything. Dr. Samuel Craddock agreed that D could not appreciate the wrongfulness of his actions. Dr. Patricia Corry elaborated that D believed one of the deputies had a virus that 'was just kind of free-flow' and it could move from computers to humans in the D's thoughts. D was afraid of contracting this virus when the police came to his door. D was in custody for 11 years, and on 2006 he was deemed fit to stand trial. The trial court found D guilty of first-degree murder, attempted first-degree murder, and two counts of attempted second-degree murder. D appealed in that the trial court required D to prove that he was unable to appreciate both the wrongfulness of his actions and the nature of his actions. The Court remanded the case to the trial court with instructions to issue an order clarifying its previous findings. The trial court issues a supplemental order setting out its findings and D appealed.