OK legislation would change insanity defense

The case of a college freshman who died at the hands of a sociopath is prompting an effort advancing through the Legislature to change Oklahoma’s insanity defense.

Tuesday, the Oklahoma House passed a bill that would send killers like this to prison for a full term, instead of to a mental hospital where they could win early release.

It previously passed the Senate, but will return there for consideration of minor House changes. There’s a good chance it will win final passage and be signed into law.

Under present statute, defendants who are determined to be insane at the time of a crime can be found not guilty. They are committed to a state mental center in Vinita, to be released when doctors say they no longer are a danger to society.

Under Senate Bill 1214, people who commit crimes associated with mental defects that include anti-social personality disorder would be found guilty and go to prison.

People who have this disorder often are called sociopaths. They have no regard for right and wrong, ignore the rights of others and show no remorse.

Jerrod Murray’s case

That describes Jerrod Murray, 21, of Asher, who was found not guilty of first-degree murder by reason of insanity in the 2012 killing of Generro Sanchez, 18, of Stuart. Sanchez was a freshman at East Central University in Ada.

Pottawatomie County District Attorney Richard Smothermon said Murray picked Sanchez at random, planned the crime for weeks and shot him in the head to see what it felt like to kill someone.

Several weeks after Murray got to the mental hospital, a psychiatrist said he was no longer a danger to society. There was a chance he could be released, but Smothermon obtained contrary expert opinions and a judge ruled against it.

The prosecutor sought the legislation to ensure people like Murray do not get released early.

He said it is appalling that Murray had a chance to get out after killing an innocent college freshman who was just starting out in life.

“Jerrod Murray confessed to the crime in the most chilling confession I’ve ever seen,” Smothermon said. “There was no emotion or remorse.”

Sanchez had agreed to give Murray a ride to Walmart for $20. Once in the truck, Murray pulled out a stolen handgun and forced the victim to drive into the country.

Murray shot Sanchez in the head inside the slow-moving truck as the victim begged for his life, prosecutors said.

Murray then pulled Sanchez from the truck after it had crashed into a tree and shot him again in the head.

Smothermon said 12 states have abolished the not guilty by reason of insanity defense. This proposal still allows that defense, but it would only be available to those without anti-social personality disorder.

“It is a very narrow and specific law that would apply to a certain class of individuals with serious mental illnesses who have anti-social personality disorder,” he said.

“It targets the truly dangerous criminal who is never amenable to treatment, the Jeffrey Dahmers, the Ted Bundys, who hurt people because they like to.”

Held accountable

Sen. Ron Sharp, R-Shawnee, who co-authored the legislation, said the bill is needed to ensure people are held accountable for serious crimes.

“It’s not right to avoid a penalty for this kind of crime,” he said.

Smothermon said 81 people, including 31 who committed homicides, are now in the Vinita center because they were found not guilty by reason of insanity.

They will continue to come up for periodic court review for possible release as any changes in the insanity law would not apply retroactively.