Plea/Verdict: Not guilty by reason of insanity/Guilty but insane
Present Offences: The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
Penalty Range: O.C.G.A. § 16-5-1 (d) states that, “A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.”
Circumstances of Offenses
The defendant was found guilty of kidnapping Ms. Uma Opee and stabbing her 13 times until she bled to death, a felony murder. At the time of his arrest, the defendant was extremely agitated and irrational, and he assaulted the arresting officers, yelling, “I am God, let me go!” The defendant was also found in possession of ecstasy, cocaine, methamphetamine, and jewelry owned by the victim. The toxicology report of the defendant was negative for any illicit drugs at the time of arrest. Evidence found at his home suggests that the defendant suffers from mental illness.
Defendant’s Version of the Offenses
The defendant cannot provide his own version of any of the offenses due to mental incapacity.
Assessment of Defendant's Risk to Reoffend
Risk level: Moderate risk
Physical/Mental health. The defendant shows clear signs of mental incapacitation and it appears that he does not understand the nature or consequences of his acts. The evidence shows that the defendant was infatuated with the victim and that his criminal acts were not random.
Drug abuse. The evidence suggests that the defendant uses of ecstasy, cocaine, and methamphetamine. However, toxicology reports at the time of his arrest were negative suggesting that the defendant is not a habitual user.
Criminal behavior. The defendant has no record of past criminal behavior.
Family. The defendant has family relationships.
Recommendation: Life imprisonment with possibility of mental health monitored probation
The defendant lacks the mental capacity to make the right decisions for his medical care and legal needs. Stu Dents is under urgent need of medical care for his mental health condition, and healthcare should be provided for the duration of the defendant’s imprisonment and thereafter.
Court History of Case
Plea/Verdict: Not guilty by reason of insanity/Guilty but insane
Present Offences
The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
Penalty Range: O.C.G.A. § 16-5-1 (d) states that, “A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.”
Circumstances of Offenses
The defendant was found guilty of binding, gagging, and kidnapping Ms. Uma Opee; and then stabbing the victim 13 times before leaving her to bleed to death, a felony murder. The defendant resisted arrest and was extremely agitated, irrational, and combative, and assaulted the arresting officers. He called the arresting officer “Alien!” at the time of his arrest. The defendant was also found in possession of ecstasy, cocaine, methamphetamine, and jewelry owned by the victim that the defendant had obtained through burglary. Evidence found at his home suggests that the defendant was infatuated with the victim and that he stalked her.
Defendant’s Version of the Offenses
The defendant refuses to provide his own version of any of the offenses.
Assessment of Defendant's Risk to Reoffend
Risk level: High risk
Physical/Mental health. The defendant shows clear signs of sociopathy and it is not clear whether the defendant can control his actions.
Drug abuse. The evidence suggests that the defendant is a habitual user of ecstasy, cocaine, and methamphetamine.
Criminal behavior. The defendant has no record of past criminal behavior.
Family. The defendant has family relationships.
Recommendation: Death penalty
The defendant acted with intent and malicious disregard for the life of the victim. He was found guilty of aggravated kidnapping and felony murder. Both offenses support the death penalty and this punishment should be applied to the defendant.
References
Official Code of Georgia (OCG). Retrieved from: http://www.lexisnexis.com/hottopics/gacode/Default.asp
