Judge strikes down mental illness defense

PANAMA CITY — Attorneys representing the man charged with fatally shooting his ex-girlfriend in broad daylight in a busy shopping center parking lot will not be allowed to present evidence of his mental state at the time because it doesn’t rise to the legal definition of insanity, a judge ruled Wednesday.

Florida law is fairly clear that such evidence is not permitted, Judge Michael Overstreet said during a hearing on prosecutors’ request to prevent attorneys for Joseph Moody from showing a jury evidence he was incapable of forming premeditated intent when he allegedly gunned down Megan Pettis in March 2013. Prosecutors need to prove premeditation in order to prove the murder in the first degree with a firearm charge against him.

“In Florida it’s pretty much a bright line,” prosecutor Bob Sombathy said. “Either you’re legally insane, or you’re not.”

Defense attorneys Jean Marie Downing and Rusty Shepard hoped to show a jury Moody had a diminished mental capacity short of insanity as defined by the law. Downing summarized the evidence she would present if Overstreet permitted it.

Moody, she said, had a lengthy history of mental illness and had been on suicide watch while he was in inpatient treatment in a local mental health treatment facility shortly before he shot Pettis to death as she tried to drive away from him. Downing said two doctors who examined Moody would testify that while his issues didn’t rise to the level of insanity, they did not believe he was capable of forming premeditated intent to kill Pettis.

Moody had written a suicide note the night before Pettis was shot, and Downing said he planned on killing himself in Pettis’ presence because he was distraught after she broke off their relationship in January.

Sombathy countered with what he described as “overwhelming evidence of premeditation.” He read excerpts from Moody’s profanity-laden statements to Panama City Police after his arrest. He described himself as “crazy” and “jealous,” and admitted to shooting Pettis.

“I wanted to talk to her, and she was driving off,” Sombathy quoted Moody as saying, “and that’s when I went, ‘Well, (expletive) it.’ ”

Moody allegedly emptied a .45-caliber pistol and took off running to where his truck was parked before bystanders tackled and beat him. He told police he deserved the beating and also said, “I know what’s happening; I’m going to jail for a long time.”

If Sombathy can prove premeditation, Moody would spend the rest of his life behind bars; the charge carries a minimum mandatory life sentence. His trial is scheduled to begin April 21.

Shepard pointed out that he and Downing knew the law was clear, but it puts the defense at a disadvantage in this case because the state will be able to present evidence that they are prohibited from refuting. And because of the minimum mandatory sentence for the crime charged, the judge won’t be able to consider Moody’s mental state at sentencing as he would be able to in almost any other case.

“I just really want to voice my dismay at the situation we’re in,” he said.

Overstreet said they were ethically bound to argue not only what the law is but what they believe the law ought to be.