There is an old trope in film and television about pleading “insanity” to go free from a murder case. In Maryland, claiming that a client is “not criminally responsible” is a tough row to hoe, and it is not used all that often.

Which is why the murder case of Tyrique Hudson, and the subsequent ruling of Circuit Judge Michael Wachs, turned out to be quite different than expected. The Capital Gazette reports that James Allen Verombeck of Glen Burnie pled guilty to first-degree murder, but claimed he was insane when he committed the act.” Wachs convicted Verombeck before determining that he was not criminally responsible by reason of insanity. Wachs committed Verombeck indefinitely to a psychiatric facility operated by the Maryland Department of Health.”

Under Maryland law, the key to proving whether someone is not criminally responsible hinges upon meeting the elements of the test under Maryland Code § 3-109, which provides that the defendant suffered a mental disorder that caused him or her to lack the ability to control his or her actions or to even understand right from wrong at the time the act was committed.

The incident

Verombeck was Hudson’s neighbor. He shot Hudson in the chest with a shotgun, and then barricaded himself into his apartment. Police had to blow a hole in an adjoining wall to extract him. Once extracted, he was sent to Baltimore Washington Medical Center, and was arrested on the following charges when discharged from the hospital:

• First-degree murder
• First-degree assault
• Second-degree assault
• Reckless endangerment
• Numerous firearms offenses

He was indicted on all of them, but Verombeck pled guilty to first-degree murder, so the DA dropped the other charges. Six months later, Verombeck pled insanity, maintaining he was not guilty after all.

As is customary in cases like this, before proceeding to trial a judge has to determine whether the defendant understands what is happening – in essence, to determine if he could stand trial. Verombeck was admitted to a mental hospital to evaluate his mental competency to stand trial, and his ability to assist in his own defense.

It was determined that Verombeck has schizoaffective disorder. Left undiagnosed and untreated, symptoms of this mental health condition can cause an individual to experience:

• Delusions of having false, fixed beliefs, despite evidence to the contrary
• Hallucinations, such as hearing voices or seeing things that aren’t there
• Incoherent communication and speech
• Bizarre or unusual behavior
• Symptoms of depression
• Periods of mania that have a severe effect on sleep patterns and behavior
• Difficulty holding down a job, attending school or functioning socially
• Poor hygiene

The mental health assessment found that Verombeck became delusional and believed that Hudson was somehow spying on him and following him through his ceiling. Despite understanding what he was doing was wrong at the time, he couldn’t stop himself from carrying out the killing “because of his delusions.”

Early warning signs went ignored

There were signs that Verombeck might have been either planning something, or was headed for a break with reality:

• Two months prior to his murder, Hudson sought an order of protection against Verombeck who made a threatening gesture to him. His request was denied.
• Verombeck’s ex-wife was left fearing for her life after experiencing his behavior, which included statements about how he enjoyed frightening people by brandishing a shotgun.
• As far back as 1996, he entered a hospital with a sawed off shotgun, angry over a perceived lack of care provided to him and he was barred from ever possessing a gun again.

These behaviors can be explained by Verombeck’s diagnosis. In fact, the findings of the mental health expert who evaluated Verombeck was found to have been so thorough that both the prosecution, defense and the judge were all in agreement as to his mental condition at the time of the murder.

Because it appeared to be such a cut and dry medical assessment that offered proof by a preponderance of the evidence, the judge simply ended the trial finding the defendant guilty but not criminally responsible.

If you or a loved one are facing murder charges, there may be mitigating circumstances. You deserve a thorough investigation and criminal defense before having your freedom stripped from you. To schedule your consultation with Carey Law Office, give us a call today at 301.464.2500 or reach us through our contact form to tell us your story. We are honored to serve clients through our Bowie and Crouton offices.