A Cobb County, Georgia trial court has declared a severely mentally ill capital defendant incompetent to stand trial and committed him to a state mental hospital, effectively ending prosecutors’ seven-year efforts to obtain the death penalty in his case. Jesse James Warren (pictured) was facing trial and a possible death sentence for killing four men and wounding another in 2010 at a Penske Truck Rental store where he had previously worked. The shooting spree was allegedly motivated by Warren’s delusional belief that the military had paid him $500 million for inventing WiFi and that Penske had stolen some of that money from him. The ruling by Judge Mary Staley Clark followed testimony from two state psychiatrists on August 1. Both agreed that Warren suffers from a debilitating delusional disorder and refuses to take medication, making him a danger to himself and anyone who challenges his delusions outside of a hospital setting. Warren, a mechanic by training, was first diagnosed as delusional in 2009 when Penske—his former-employer—sent him to a psychiatrist. Among his other delusions, Warren reportedly claimed that he is an emperor, that he was the son of God, and that churches and religions were trying to kill him. Prosecutors sought the death penalty against Warren despite his documented history of mental illness, but lost a legal challenge in the Georgia Supreme Court in 2015 to have Warren forcibly medicated with anti-psychotic drugs to try to make him fit to stand trial. Warren’s delusions render him unable to rationally understand the charges against him and assist counsel in his defense. Prosecutors now agree that he is unlikely to become competent to stand trial, even with medication. Georgia has executed fifteen prisoners in the past three years, many under controversial circumstances. A DPIC analysis of those executions showed that eight of the fifteen struggled with a combination of mental illness, intellectual disability, and/or other serious mental or emotional disturbances. In 2015, Georgia executed Andrew Brannan, a decorated Vietnam veteran with a diagnosis of Post-traumatic Stress Disorder and a 100% mental disability recognized by the Veterans Administration. In 2016, it executed Kenneth Fults, despite evidence that he was intellectually disabled and functioned at the level of the lowest 1% of the population. At the same time, Georgia juries have been moving away from the death penalty, having not imposed any new death sentences since 2014.

(R. Cook, “Jesse James Warren found incompetent to stand trial in 2010 Penske shootings,” Atlanta Journal-Constitution, August 1, 2017; R. Cavitt, “Man accused in deadly Penske shooting spree found incompetent to stand trial,” WSB-TV2 Atlanta, August 1, 2017; R. Cook, “Accused Penske killer cannot be forced to take anti-psychotic meds,” Atlanta Journal-Constitution, October 19, 2015.) See Mental Illness.

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