State v. McWilliams

• Decision Date: 19 December 1986
• Docket Number: No. 16821,16821
• Citation: 177 W.Va. 369,352 S.E.2d 120
• Parties: STATE of West Virginia v. Timothy McWILLIAMS.
• Court: West Virginia Supreme Court

Page 120

352 S.E.2d 120

177 W.Va. 369

STATE of West Virginia v. Timothy McWILLIAMS.

No. 16821.

Supreme Court of Appeals of West Virginia.

Dec. 19, 1986.

Syllabus by the Court

1. "The attorney for the state may by leave of court file a dismissal of an indictment, information or complaint, and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant." W.Va.R.Crim.P. 48(a).

2. "An appellant or plaintiff in error will not be permitted to complain of error in the admission of evidence which he offered or elicited, and this is true even of a defendant in a criminal case." Syl. pt. 2, State v. Bowman, 155 W.Va. 562, 184 S.E.2d 314 (1971).

3. A party is not entitled to his own instruction when the trial court's instruction accurately and adequately covers the issue and when the party makes no specific objection to the trial court's instruction.

4. A judicial admission is a statement of fact made by a party in the course of the litigation for the purpose of withdrawing the fact from the realm of dispute.

5. When the accused's mental condition at the time of the offense is an issue evidence of the accused's mental condition either before or after the offense is admissible so far as it is relevant to the accused's mental condition at the time of the offense.

6. "There exists in the trial of an accused a presumption of sanity. However, should the accused offer evidence that he was insane, the presumption of sanity disappears and the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant was sane at the time of the offense." Syl. pt. 2, State v. Milam, 163 W.Va. 752, 260 S.E.2d 295 (1979).

7. When lay witnesses testify about a person's mental condition, the following factors are to be considered: (1) the witnesses' acquaintance with the person and opportunity to observe the person's behavior; (2) the time during which the observation occurred; and (3) the nature of the behavior observed.

James B. Lees, Preiser & Wilson, Charleston, for appellant.

Charlie Brown, Atty. Gen. and Bethany Boyd, Asst. Atty. Gen., Charleston, for appellee.

BROTHERTON, Justice:

The appellant, Timothy McWilliams, appeals a Monongalia County Circuit Court jury verdict finding him guilty of first degree murder with a recommendation of mercy, and guilty of two counts of malicious assault. The charges stemmed from an incident in which the appellant shot three young men, killing one and wounding the other two. The appellant's sole defense was insanity.

The appellant assigns the following errors: first, that the trial court improperly refused to grant the State's motion for an order of nolle prosequi; second, that the trial court improperly permitted the introduction of statements made by the appellant during a court-ordered psychiatric examination; third, that the trial court improperly instructed the jury on the disposition of the appellant if he was found not guilty by reason of insanity; fourth, that the trial court improperly quashed the subpoena of Prosecutor Thomas Newbraugh; fifth, that the trial court improperly excluded evidence of the appellant's mental condition subsequent to the shooting, and sixth, that the State failed to meet its burden of proving that the appellant was sane at the time of the shooting. We find merit in the final assignment of error, and reverse for failure to prove the appellant's sanity beyond a reasonable doubt.

On Friday evening, August 1, 1980, Timothy McWilliams entered Finnerty's, a nightclub located in the Sunnyside section of Morgantown. The victims, Allen Antonek, Michael Carter, and Donald Askew, entered the club sometime thereafter. During the course of the evening, bartender Robert Coffman overheard a portion of a conversation between McWilliams and Antonek while the two men were seated at the bar. One party stated something to the effect of: "If you want some trouble, I have got it for you," and the other party replied: "I have all the trouble you want."

The three victims left Finnerty's sometime afterward. Upon exiting the club, Antonek told Carter that someone in the bar had threatened to stuff Antonek in a trunk. The victims walked toward the stadium bridge. McWilliams left the club a few minutes later. Antonek stated to his companions that someone was following them. He left the other two and took a circuitous route to the other side of the bridge. Carter and Askew proceeded across the bridge and were confronted at the other side by McWilliams. McWilliams asked them where their "little buddy" was, and Carter responded that he had gone home. McWilliams turned to leave, but at that moment Antonek appeared and asked what the problem was. McWilliams drew a .45 caliber pistol and shot Antonek. He then turned and shot Carter and Askew as they ran away. Antonek died from his wound. Carter and Askew recovered.

The appellant's actions on the night of the crime appear in stark contrast to a very promising high school and early adult career. Timothy McWilliams graduated from Buckhannon Upshur High School in 1971. He was a member of several athletic teams and was co-captain of the football team his senior year. His fellow students chose him to be a member of the homecoming court. He graduated in the top 10% of his class and scored in the 97th percentile on the American College Test (ACT).

Following graduation, McWilliams enlisted in the United States Marine Corps. He was assigned to the prestigious embassy guard, and he served at the American Embassies in Saudi Arabia and Tunisia. The United States government granted him top secret clearance. He was honorably discharged in November, 1975.

In January, 1976, McWilliams enrolled as a full-time engineering student at West Virginia University. He initially performed quite well, but his grades deteriorated beginning in the summer of 1978. He failed or withdrew from most courses. His behavior also started to deteriorate. McWilliams displayed many paranoid beliefs. He slept in his bathtub because he believed it would protect him if government agents tried to shoot him. He kept a shotgun in his apartment with shells lying in various places. He installed floodlights to illuminate his yard. He ate unusual foods in the belief that it would help his brain "regenerate." On July 11, 1978, he fired his shotgun into a bush, shooting the tail off a dog, in the belief that someone was in the bush who meant to do him harm. McWilliams' pattern of unusual behavior continued thereafter through the night of the shootings on August 1, 1980.

McWilliams was arrested near his Morgantown apartment on August 3, 1980. On September 4, 1980, a Monongalia County grand jury indicted him for first degree murder, W.Va.Code § 61-2-1 (1984), and two counts of malicious assault, W.Va.Code § 61-2-9 (1984).

Dr. Wilbur Sine, a psychiatrist, and Dr. Jo Ledwell, a psychologist, examined McWilliams following his indictment. On the basis of their reports, the trial court found McWilliams competent to stand trial by report dated June 11, 1981. However, certain deficiencies appeared in the testing procedures used by Dr. Ledwell. The trial court therefore ordered Dr. Patricia Williams, a psychiatrist, to perform further tests. Dr. Joel Allen, a psychiatrist retained by the defense, also examined McWilliams. The trial court held an evidentiary hearing on April 26, 1982, and concluded that McWilliams was not competent to stand trial. The trial court committed McWilliams to Weston State Hospital for a six-month improvement period pursuant to W.Va.Code § 27-6A-2 (1980). On July 16, 1982, while McWilliams was at Weston, the State moved for an order of nolle prosequi. The trial court denied the motion. On November 10, 1982, the appellant requested continued treatment at Weston by motion pursuant to W.Va.Code § 27-6A-5 (1980). The trial court granted the motion. On April 21, 1983, the trial court ordered an additional improvement period for the appellant at Weston pursuant to W.Va.Code § 27-6A-2 (1980).

After McWilliams had undergone almost two years of treatment at Weston, the trial court held another evidentiary hearing and concluded that he was competent to stand trial. A jury trial began in Monongalia County Circuit Court on March 13, 1984. A mistrial was declared on March 17, 1984, after the jury was unable to reach a verdict. A second trial began on October 29, 1984. The jury returned the guilty verdicts on November 2, 1984.

I.

The appellant's first assignment of error is that the trial court improperly refused to grant the State's motion for an order of nolle prosequi. In support of its motion, the State noted that, at that time, three psychiatrists had examined McWilliams and that all three had concluded that McWilliams' mental disorder interfered with his capacity to appreciate the criminality of his acts.

The appellant argues that because of the volume of evidence that McWilliams was suffering from a mental disorder which interfered with his criminal capacity, the trial court was required to grant the State's motion. We do not agree. A prosecutor cannot dismiss criminal charges without the prior approval of the court. See syl. pt. 1, Denham v. Robinson, 72 W.Va. 243, 77 S.E. 970 (1913); W.Va.R.Crim.P. 48(a). The State sought approval from the trial court for dismissing the charges, but was denied. If the trial court was required to grant the motion, the requirement that court approval be obtained to dismiss criminal charges would be rendered meaningless.

In support of his argument, the appellant cites syllabus point 1 of State ex rel. Walton v. Casey, 163 W.Va. 208, 258 S.E.2d 114 (1979), which states: "A criminal trial is unwarranted when pretrial psychiatric examinations clearly reveal by a preponderance of the evidence, that the accused at the time the crime was committed, was not criminally responsible for his acts." However, we have stated that the decision...