FF's killer ruled not competent for trial: Lex, KY

[EastKyFF]

From www.kyfirewire.com -- Thanks, cheesy justice system.


Man Accused Of Killing Lexington Firefighter Ruled Mentally Unfit To Stand Trial


The man charged with killing his wife and a Lexington firefighter in February was declared mentally incompetent to stand trial in a Lexington courtroom Wednesday.

Pat Hutchinson, who is charged with killing Lexington Fire Lt. Brenda Cowan, 40, and his wife, Fontaine, before a six-hour standoff with police February 13. Another firefighter, Jim Sandford, also was shot, but survived.

Psychiatrist Dr. Frank Deland testified Wednesday that Hutchinson, who has been undergoing court-ordered mental evaluations at the Kentucky Correctional Psychiatric Center in LaGrange for the past several months, suffers from paranoid schizophrenia and other mental disorders.

After his arrest, Hutchinson claimed, among other things, that most people were actually clones and that aliens had taken over the U.S. Government.

A hearing will be held next week to possibly drop all charges against Hutchinson in order to get him into a civilian mental health facility in Louisville. If, after a year of treatment at the facility, Hutchinson is ruled mentally competent, the charges would be re-instated and he would then stand trial.

A Fayette County grand jury indicted Hutchinson in September on two murder charges, two attempted murder charges and a wanton endangerment charge. The indictments moved the proceedings into circuit court.

[kentbwj]

Originally posted by EastKyFF
From www.kyfirewire.com -- Thanks, cheesy justice system.


Man Accused Of Killing Lexington Firefighter Ruled Mentally Unfit To Stand Trial


The man charged with killing his wife and a Lexington firefighter in February was declared mentally incompetent to stand trial in a Lexington courtroom Wednesday.

Pat Hutchinson, who is charged with killing Lexington Fire Lt. Brenda Cowan, 40, and his wife, Fontaine, before a six-hour standoff with police February 13. Another firefighter, Jim Sandford, also was shot, but survived.

Psychiatrist Dr. Frank Deland testified Wednesday that Hutchinson, who has been undergoing court-ordered mental evaluations at the Kentucky Correctional Psychiatric Center in LaGrange for the past several months, suffers from paranoid schizophrenia and other mental disorders.

After his arrest, Hutchinson claimed, among other things, that most people were actually clones and that aliens had taken over the U.S. Government.

A hearing will be held next week to possibly drop all charges against Hutchinson in order to get him into a civilian mental health facility in Louisville. If, after a year of treatment at the facility, Hutchinson is ruled mentally competent, the charges would be re-instated and he would then stand trial.

A Fayette County grand jury indicted Hutchinson in September on two murder charges, two attempted murder charges and a wanton endangerment charge. The indictments moved the proceedings into circuit court.


This is just crap! Anyone can say anything when they're trying to beat a murder rap. He should be tried for first degree murder and punished. He walked in there and shot those people in cold blood. Our justice system is really screwed up!

[GeorgeWendtCFI]

Originally posted by kentbwj

This is just crap! Anyone can say anything when they're trying to beat a murder rap. He should be tried for first degree murder and punished. He walked in there and shot those people in cold blood. Our justice system is really screwed up!

Have you ever dealt with a person afflicted with paranoid schizophrenia?

[kentbwj]

Originally posted by GeorgeWendtCFI


Have you ever dealt with a person afflicted with paranoid schizophrenia?


Many people claim to be insane just to beat a murder rap. In addition, there are many crazy people who choose to go off of their medications, which IMO, makes them responsible for whatever they do when they're off meds. It's like an alcoholic choosing to drink and killing someone.

[GeorgeWendtCFI]

Originally posted by kentbwj



Many people claim to be insane just to beat a murder rap. In addition, there are many crazy people who choose to go off of their medications, which IMO, makes them responsible for whatever they do when they're off meds. It's like an alcoholic choosing to drink and killing someone.

That was not my question. Answer the question.

>>Have you ever dealt with a person afflicted with paranoid schizophrenia?<<

[kentbwj]

Originally posted by GeorgeWendtCFI


That was not my question. Answer the question.

>>Have you ever dealt with a person afflicted with paranoid schizophrenia?<<


Phrase it a little more diplomatically and with proper manners, and I might consider it.

[LFD2203]

I appreciate the outrage shown for us here in LEX. but, I can't say that I am suprised. The good news is that a very good friend of mine, who is a prosecutor in another county, said that this particular doctor has worked very hard to bring sick people to a level of competency to be tried. That is why the charges will be dropped, so he can be charged and tried again if he gets well enough.
There was alot of dishearted firefighters on Wed when the news broke that he had been declared incompetent. We will just have to wait until justice can be served.

[GeorgeWendtCFI]

Originally posted by kentbwj



Phrase it a little more diplomatically and with proper manners, and I might consider it.

Diplomatically? What is undiplomatic about "Have you ever dealt with a person afflicted with paranoid schizophrenia?"? Never mind. I already know the answer. No. So that means you have no god blessed idea of what you are talking about.

LFD2203: Was this guy found to have been incompetent at the time of the homicide, or was he found incompetent to assist in his defense?

[kentbwj]

Originally posted by GeorgeWendtCFI


Diplomatically? What is undiplomatic about "Have you ever dealt with a person afflicted with paranoid schizophrenia?"? Never mind. I already know the answer. No. So that means you have no god blessed idea of what you are talking about.

LFD2203: Was this guy found to have been incompetent at the time of the homicide, or was he found incompetent to assist in his defense?

Actually, I've worked with dually diagnosed, mentally ill/mentally challenged individuals, but not with persons of normal intelligence who have mental illness. Does that count in your definition, or do I have to have had a close relationship with one? What I do know is that there are way too many times when people get away with horrid crimes because they have attorneys who can manipulate the system. In the city where I live, a young policeman was very critically injured by some bottom feeder who ended up getting less than five years for his crime, because he was "mentally ill." Translated, mommy and daddy had the money to get a good attorney. I just hope the next time this guy decides to attack an officer, he's put out of commission for good, so no other innocent people get hurt.

Just because someone claims to be communicating with E.T. doesn't mean he isn't a damned good actor. We'd do a great service to society if we simply had the punishment fit the crime and stopped allowing people to get reduced sentences in cases of violent offenses. We need to worry about protecting the victims, not the perps.

[GeorgeWendtCFI]

Originally posted by kentbwj


Actually, I've worked with dually diagnosed, mentally ill/mentally challenged individuals, but not with persons of normal intelligence who have mental illness. Does that count in your definition, or do I have to have had a close relationship with one? What I do know is that there are way too many times when people get away with horrid crimes because they have attorneys who can manipulate the system. In the city where I live, a young policeman was very critically injured by some bottom feeder who ended up getting less than five years for his crime, because he was "mentally ill." Translated, mommy and daddy had the money to get a good attorney. I just hope the next time this guy decides to attack an officer, he's put out of commission for good, so no other innocent people get hurt.

Just because someone claims to be communicating with E.T. doesn't mean he isn't a damned good actor. We'd do a great service to society if we simply had the punishment fit the crime and stopped allowing people to get reduced sentences in cases of violent offenses. We need to worry about protecting the victims, not the perps.

You must be about 12 years old. Your post is unsubstantiated, irelevant crap

[kentbwj]

Originally posted by GeorgeWendtCFI


You must be about 12 years old. Your post is unsubstantiated, irelevant crap

Such big words from such a small mind. Your response doesn't surprise me. Obviously, this topic must hit a little too close to home for you, so I'm going to do the mature thing and call it a day. Insecure people like yourself, who constantly use put-downs to make your point, aren't worth the effort.

As for the innocent victims in the crime that was detailed in the beginning of this thread, my heart goes out to all of you. I hope that someday the justice system works for you.

[GeorgeWendtCFI]

Originally posted by kentbwj


Such big words from such a small mind. Your response doesn't surprise me. Obviously, this topic must hit a little too close to home for you, so I'm going to do the mature thing and call it a day. Insecure people like yourself, who constantly use put-downs to make your point, aren't worth the effort.

As for the innocent victims in the crime that was detailed in the beginning of this thread, my heart goes out to all of you. I hope that someday the justice system works for you.

No. It doesn't hit close to home, other than the fact that I have had to deal with people afflicted with PS as a LEO, including some who have set fires. My "undiplomatic" question was asked because I was going to attempt to teach you something, but wanted to know your baseline experience first. I couldn't care less whether you learn anything or not. But for the lurkers, here goes.

In a criminal case, there is more than one issue that comes up with respect to the mental competency of the defendant. That is why I asked the question above. Mental competency at the time of the offense and mental competency at the time of trial.

In order for a person to be judged mentally competent at the time of the offense, the basic test is; did the defendant have the ability to judge right from wrong? And there are many, many aspects to this. A mentally ill person may be able to tell right from wrong. But there are people who can't. These people generally will be found to be mentally incompetent.

For example, I investigated a fire in a mobile home. The fire department and police department arrived to find a single wide heavily involved in fire. When they arrive, they find the sole occupant, an older man, outside the house, mumbling incoherently, pacing, etc. The PD was familiar with this subject, as they had been to numerous calls for service at this location in the past.

Fire is extinguished w/o further incident. Preliminary fire scene invest. looks like a set fire. Complete scene exam is completed and the fire is found to have been intentionally set in multiple locations inside the unit.

Back at PD, the PD has transported the subject there and he is sitting in an interview room, on video. He is pacing, talking to himself, attempting to block the air ducts into the room, turning the chairs upside down, peeling tape off the wall, etc. When an inquiry is made as to why he is doing that, he makes a comment about them "still trying to get in". I then was able to take a statement from this subject, after considerable effort, in which he told me that he set the fire because little men were coming into the trailer and it was the only way he could stop them and save his life.

It was an incredibly sad picture. This man lived alone, had no close relatives and a history of mental illness. He was a classic PS sufferer. Needless to say, he found not guilty by reason of insanity. He could not possibly tell right from wrong.

Other factors that the court looks at besides mental health evaluations are; did the subject flee? did the subject attempt to cover up his crimes?, etc. If he did, then he probably realized that what he was doing is wrong. If a defendant is found not guilty by reason of insanity, that is the final disposition of the case. They cannot be tried again if they get better.

The other aspect is whether the subject is competent to assist in his own defense. Every defendant has the right to participate in his defense. And the defense attorney has the responsibility to make sure it happens. In this case, the judge can postpone the proceedings to await the improvement or stabilization of the defendant before they proceed.

I want to stress that I am not professing to know anything about the Lexington case. I will also say that my understanding of the law is from a LEO level and not an attorney's level. It also comes from my personal experience.

[EastKyFF]

Perhaps the greatest failure of our justice system in this case was its inability to remove this suspect from society before an event like this took place.

[CaptainGonzo]

Originally posted by kentbwj


Such big words from such a small mind. Your response doesn't surprise me. Obviously, this topic must hit a little too close to home for you, so I'm going to do the mature thing and call it a day. Insecure people like yourself, who constantly use put-downs to make your point, aren't worth the effort.

As for the innocent victims in the crime that was detailed in the beginning of this thread, my heart goes out to all of you. I hope that someday the justice system works for you.

kentbwj...

Sorry, girl, but you are way out of line with your comment. George has experience in the courtroom... you don't.

He asked you a simple question.. you immediately went on the defense asking for "diplomacy and manners". There as nothing rude or non diplomatic about his question. I will answer George's question...

Yes George, I have..and I thank God that it was a medical call and not a case of violence.

What I do know is that there are way too many times when people get away with horrid crimes because they have attorneys who can manipulate the system. In the city where I live, a young policeman was very critically injured by some bottom feeder who ended up getting less than five years for his crime, because he was "mentally ill." Translated, mommy and daddy had the money to get a good attorney. I just hope the next time this guy decides to attack an officer, he's put out of commission for good, so no other innocent people get hurt.


It appears that you have been watching a lot of episodes of "Law and Order"... while based on stories "ripped from the headlines" there is a lot of poetic license in the scripts.

If I recall correctly, in another one of your posts after the tragedy in Boston where a young lady was killed after being hit with a non lethal weapon, your comment was "all rioters should be shot".

Your knee jerk reactions prove immaturity. You may not be a 12 year old, but damn, sometimes you think like one.

[kentbwj]

Originally posted by CaptainGonzo


kentbwj...

Sorry, girl, but you are way out of line with your comment. George has experience in the courtroom... you don't.

He asked you a simple question.. you immediately went on the defense asking for "diplomacy and manners". There as nothing rude or non diplomatic about his question. I will answer George's question...

Yes George, I have..and I thank God that it was a medical call and not a case of violence.



It appears that you have been watching a lot of episodes of "Law and Order"... while based on stories "ripped from the headlines" there is a lot of poetic license in the scripts.

If I recall correctly, in another one of your posts after the tragedy in Boston where a young lady was killed after being hit with a non lethal weapon, your comment was "all rioters should be shot".

Your knee jerk reactions prove immaturity. You may not be a 12 year old, but damn, sometimes you think like one.


FYI, Gonzo, what I objected to was not the question originally asked by George, it was the comment, "Answer the question," which was an order rather than a request. As a rule, I don't take orders from anyone who isn't providing me with a paycheck.

As for watching "Law and Order," I've never seen the show. I prefer reading to watching television. I find that I usually learn more that way.

Regarding the Boston riots, I wasn't there, but in other cases where rioters are attacking police and firefighters and endangering their lives (example, Rodney King riots), I still believe they should be shot. I've been involved in some demonstrations in my time, and when the order was given to disperse, I got the hell out. I didn't fight with the police or attack them. I don't have much sympathy for people who burn down buildings, throw Molotov cocktails, etc. If you do, that's your choice.

From here on out, I will strive to reach a level of maturity on par with yours- a lofty goal, but hopefully, I can at least come close before I die.

[pete892]

As is most often the case, George knows what he is talking about. Legal mumbo/jumbo in the new media is usually just that. Last time I checked, we were still a country of laws.

Stay safe,

Pete

[LFD2203]

Immediately after his arrest he was placed in a mental ward to determine if he was competent to stand trial. I'm sure his defense will be that he was mentally ill prior to, during, and after the shooting.

[LFD2203]

Charges against Patrick Hutchison were dropped without prejudice so he could be placed in a hospital for treatment. This does not prevent him from facing trial if and when he is judged to be competent.

[DennisTheMenace]

Originally posted by GeorgeWendtCFI


Have you ever dealt with a person afflicted with paranoid schizophrenia? He obviously has not. Check out Russel Weston who killed to United States Capitol Policemen, J.J. Chestnut and John Gidson, he is not standing trial because he is total nuts, I am personally involved with that case but you can't hold Weston accountable if you know how nuts he is.

[DennisTheMenace]

Originally posted by EastKyFF
Perhaps the greatest failure of our justice system in this case was its inability to remove this suspect from society before an event like this took place. It was a failure of the Mental Health Systems and our political lack of a backbone to fund treatment anymore.

[LFD2203]

An interesting story:
Posted on Sun, Dec. 05, 2004





LIVE AND LET LOVE

Cowan goes on without bitterness

By Mark Story

HERALD-LEADER SPORTS COLUMNIST


The Cowans had come together to see their daddy laid in the ground.

After the Rev. Tabb Frank Scott Cowan Sr. had been well remembered and his body entered into its final earthly resting place, his family took stock.

The fifth of the small-town preacher's six children, his daughter Brenda, remarked that when her time came to go, she hoped there wouldn't be much fuss.

"I think about that," one of Brenda's older brothers, Freddie, said recently.

At first, Feb. 13, 2004, seemed a normal Friday night.

Back in the day, Freddie Cowan had been a featured member of the college basketball royal society known as the Kentucky Wildcats.

Now, in pursuit of business success, he had recently moved his wife and two daughters to Atlanta.

It was about 7 p.m. when the phone rang.

Freddie heard the voice of an older brother.

There's been a shooting in Lexington. Brenda was shot and killed.

"Are you sure?" Freddie asked his brother, Linwood.

"And he just went into the details, that Brenda had been on a run and that somebody inside a house shot her," Freddie Cowan said.

Anyone with even a scintilla of awareness of the news in Lexington knows the story of Brenda Cowan.

Both a firefighter in Lexington and a trained paramedic, Lt. Brenda Cowan was part of a crew responding after a 911 caller reported a possible shooting on Lexington's Adams Lane.

Beating the police to the scene, Brenda Cowan was crouching behind a tree trying to assist a woman who was lying face down and bleeding from the head.

Shots rang out from the house.

Life changes so quickly.

On Tuesday of that very week, Brenda had been promoted to lieutenant.

By 5:35 p.m. Friday, she had been pronounced dead.

She was 40.

The man who allegedly killed both Brenda and Fontaine Hutchinson -- the woman Cowan tried to aid -- told this newspaper on the day of the shootings that he was "staging a coup against human clones."

Google the phrase "senseless killings" and this should be your search leader.

Pat Hutchinson is undergoing mental treatment. Authorities hope he will one day be judged competent to stand trial for the deaths of both his wife and Lexington's first black female firefighter.

Fred Cowan says he does not dwell on bitterness toward the man who allegedly murdered his sister.

"That man doesn't know me from Adam," he says. "For me to be mad at him, it doesn't serve any real purpose. It won't bring Brenda back."

From the time she followed Freddie to UK, Brenda liked to joke that no matter whom she met, she was always "Freddie Cowan's little sister."

That comes from having a brother who was A.) a three-year starter for Joe B. Hall's Wildcats; B.) played a supporting role on UK's 1978 NCAA champions; C.) once hit a last-second jump shot in Rupp Arena to beat Tennessee.

Even when they were little and growing up in the Western Kentucky coal-mining town of Sturgis, Freddie and Brenda Cowan were distinctly different personalities.

The Rev. Cowan and his wife, the former Ella Irene Dawson, were the kind of strict, God-fearing parents you'd expect of a small-town preacher and his wife.

Chores -- mopping the floors, washing dishes, getting in coal -- were mandatory. Children responded to adults with "yes, sir'' or "no, ma'am." Discipline was done with a switch.

Easygoing Freddie never had much fervor for doing things -- chores -- he didn't like to do. Thus, he was not a stranger to his dad's switch.

Even as a child, Brenda was so organized and obedient, she didn't "get in any trouble," Freddie recalled.

As the years passed, basketball took Freddie around the world. After he left UK, he played professionally and coached in Japan.

Eventually, he returned to his native Western Kentucky. Ultimately, he and Brenda wound up partners in a mortgage loan business.

Their childhood personalities held.

In the loan business, the paperwork is as unrelenting as Rick Pitino's press.

Fred never much cared for paperwork. Brenda was a one-woman day planner.

"She did all the paperwork," Fred Cowan said.

On the phone, Brenda was a gently goading voice making sure her laid-back older brother took care of business.

"If there was something I had to sign, she was on me. 'Have you sent the papers?' 'You know that has to be done today.' 'Did you do it right this time?' " Freddie said with a smile.

Now, every time he hears a fire-truck siren, it's like a small dagger to Freddie's heart.

At best, through the grief, the living draw solace from the compassion of others. Freddie Cowan smiles when he mentions the outpouring at the memorial services for his sister.

Among the multitude paying their respects to a woman "who didn't want a big whoop-ti-do" when she died was the Governor of Kentucky.

Before his sister passed, Fred Cowan had decided to move his business from Atlanta to Lexington.

After the tragedy, he did so anyway.

Here, Freddie's found something of a role reversal.

"Now, I'm Brenda Cowan's brother," he says.

Somewhere, I'm guessing there's a little sister getting a pretty good kick out of that.


--------------------------------------------------------------------------------

[EastKyFF]

Great piece. Story is a great writer.

Thanks for sharing.