Accused killer eligible for trial
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By Brent Curtis STAFF WRITER - Published: December 2, 2009
Eugene Hunter has been deemed competent to stand trial, but it remains to be seen whether he will be charged with killing his mother in 2001.
Hunter, 34, has spent the better part of the decade in a psychiatric hospital after he was deemed incompetent to stand trial on a second-degree murder charge.
But the Wells man, who was diagnosed with schizophrenia, was re-examined earlier this year by forensic psychiatrist Jonathan Weker, who said Hunter's mental illness had abated to the point that he was able to participate in his own legal defense.
After reviewing the psychiatrist's report and listening to endorsements of its findings offered by lawyers for both the defense and prosecution in the case, Judge Harold Eaton gave Hunter's competency the legal seal on Monday.
"The court finds Dr. Weker's opinion worthy of adoption," Eaton said.
The judge followed the order with a decision that will release Hunter later this month from the Vermont State Hospital — but keep him under the custody of the state commissioner of mental health.
How Hunter — who was present in court but did not speak — will be cared for and what kind of supervision will be exercised over him is unclear at the moment. His future care and custody will be defined by an order in Washington County Superior Court, the judge said.
It's also unclear whether the 34-year-old will be brought to trial for killing his mother, Joan Hunter.
While Hunter is now competent, the prosecution and the court must decide what his mental competency was on Jan. 22, 2001, when he allegedly shot and killed his mother in the home he shared with her on Endless Brook Road.
In his report, Weker made clear that he believed not only that Hunter was now competent to stand trial but that he was insane at the time of the shooting.
The psychiatrist said he based that conclusion on a number of factors gathered in the investigation, including statements provided by Hunter's sister who told police and Weker that her brother believed people — including the Mafia — were in or near the house trying to kill him. She said Hunter withdrew to his room, was afraid to go outside and would often go room-to-room searching for people he believed were in the house.
"The nature and magnitude of such delusions or hallucinations, had they in fact been extant at the time, would have been in keeping with the points noted above and would have deprived him of adequate capacity to appreciate the criminality of his act," Weker wrote.
But Rutland County State's Attorney Marc Brierre said the prosecution wants to thoroughly review the case and get a second opinion from a separate psychologist before deciding how to proceed.
brent.curtis@rutlandherald.com
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