A former East Central University student who shot and killed a fellow student will remain in the Oklahoma Forensic Center in Vinita, according to a judgewho reviewed psychiatric evaluations of the man.
Jerrod Murray, 21, was found not guilty by reason of insanity in the 2012 shooting death of a fellow student, Generro Sanchez. In the case, Murray askedSanchez for a ride to Walmart in exchange for gas money. Instead, he forced Sanchez at gunpoint to drive into the country, first shooting him as hedrove and then dragging him from the truck and shooting him again. Murray told investigators that he was "fulfilling fate" and that he wanted to knowwhat it felt like to kill someone.
Under Oklahoma law, insanity is determined by the M'Naughten test, which considers whether the defendant knew right from wrong at the time of the act.A person found not guilty by reason of insanity is sent to the Oklahoma Forensic Center, an inpatient behavioral health center that houses both thecriminally insane and those who are ruled mentally incompetent to stand trial.
If an inmate declared not guilty by reason of insanity is considered to have sanity restored and is no longer considered a threat, he or she may be releasedby a judge's order. However, without a judge's order, the defendant remains institutionalized at the Forensic Center.
Murray was institutionalized at the state mental hospital in August, but was already evaluated for release after a psychologist at the facility said Murrayis no longer mentally ill and he is not a threat to society.
However, District Judge John Canavan, Jr., received conflicting reports from the institution, with Murray's treating psychiatrist reporting in Septemberthat the patient is still dangerous and should remain institutionalized.
After receiving conflicting reports, the judge ordered two more evaluations. One of those evaluations was conducted by forensic psychologist Shawn Roberson--thesame man who just evaluated OSU homecoming crashdefendant Adacia Chambers and found her to be mentally incompetent. In Roberson's evaluation of Murray, he found the man to be remorseless, and saidwhen he asked how Murray knew something like that wouldn't happen again if he were released, Murray responded, "I don't."
After the judge considered all of the evaluations, he determined that Murray is still dangerous and should remain in the Oklahoma Forensic Center.
Legislators are pushing for a change in Oklahoma's insanity defense laws. Currently, a person who is found to be insane when he or she committed a crimeis found "not guilty by reason of insanity." Instead of prison, the person is sent to the state mental hospital, where he or she remains unless a judgeorders the release after a finding of restored sanity.
Opponents of this system are asking that the law be changed, and defendants who are found to be insane when they committed their crimes would instead befound "guilty but insane." In this scenario, the person would still be sent to the Oklahoma Forensic Center rather than prison, but he or she wouldnot be eligible for release until the sentence was completed, regardless of whether or not mental health was restored. If the person's mental conditionimproves while at the Forensic Center, he or she would not be released, but would be transferred to prison to complete the sentence.
