State v. Turgeon

120 Wash. App. 1050 (2004)

Facts

D claims that he is able to predict events and that he regularly receives messages from God. D has devoted his life to teaching, prophesying, and confronting [others with their sins. D formed a Bible study ministry called 'Ahabah Asah,' which he later renamed 'the Gatekeepers.' D allegedly received a message from God that it was time to declare war against the government. The Gatekeepers attempted to advance this mission by robbing and defrauding businesses that it perceived to be sinful. D and the Gatekeepers also acted according to God's will by exacting judgment on people, particularly those who left the group. Dan Jess not only left the group but called D a 'false prophet' and said that he would 'stop at nothing' to stop him. God allegedly told D that 'Dan must be killed.' Another group member, Blaine Applin, allegedly received a similar message. The Gatekeepers agreed that D and Applin must kill Jess. D and Applin obtained camouflage clothing and wiped fingerprints off the shell casings that they planned to use. They drove from California to Jess' home in Washington. On the way, D asked God to make them take an unscheduled stop if killing Jess was not God's will. In response to this prayer, the men saw seven rainbows, leading them to believe that God blessed their mission. Applin knocked on Jess's door, and when Jess answered, he shot him multiple times. D operated as a lookout and drove the getaway car. A rational defendant who murders another, allegedly following a direct command from God, is not legally insane if the command did not overcome his cognitive ability to tell right from wrong. The appeals court affirmed and D appealed.