Attorney: State hospital must take man who pleaded insanity in sister’s slaying
State prisons and hospitals haven’t been accepting inmates who have been sentenced for a crime since the COVID-19 pandemic began. A Hoopa man’s attorney wants the state hospital to show cause for not accept his client two months after he was found not guilty of homicide by reason of insanity.
Defense attorney Russell Clanton filed a motion for the state hospital to show cause for not accepting the transfer of Antone Aubrey, 33, who in late July was found not guilty by reason of insanity for the second-degree murder of his sister Angel Aubrey, 33, in February 2018.
The state Department of Corrections and Rehabilitation began accepting inmates from county jails the week of Aug. 24, according to the department’s website, but it’s unclear whether the state Department of State Hospitals, which did not respond to a request for comment by publication time, did the same.
Judge Christopher Wilson said the proof of service showing the state hospital received the order to show cause was filed Monday, which was not adequate enough notice for the state hospital to respond.
“My suspicion is that they would probably challenge notice,” Wilson said.
Wilson said 30 days seemed realistic given the circumstances to get the order to the state hospitals.
A confirmation of transport hearing was set for 8:30 a.m. Oct. 21.
Aubrey’s trial showed enough evidence that Aubrey had fatally shot his sister Angel Aubrey behind a Hoopa Mini Mart two years ago, but two of three psychological evaluators testified that the crime could have been a result of his schizophrenia.
Aubrey is expected to be committed to the Napa State Hospital for at least six months, after which individuals can apply to be released if their sanity has been restored.