Convicted murderer Antone Aubrey has been restored to competency

 

A hearing on a petition by defense for transfer to outpatient treatment was continued this morning to 12/2. Petition for transfer to outpatient treatment was denied.

The hearing was for convicted murderer Antone Aubrey in his 2018 case. After his sentencing in 2020, Aubrey was sent to the State Hospital. Aubrey is not in custody at the Humboldt jail as of today.

Both the DA's office and Aubrey's attorney, Mr. Russ Clanton submitted on the doctor's report.

Judge Christopher Wilson found Antone Aubrey guilty of second degree murder and not guilty by reason of insanity.

This is from a press release issued by the DA after Judge Wilson's ruling:

"A person may be found not guilty by reason of insanity if the trier of fact finds that the person, more likely than not, committed a crime when the person had a mental disease or defect and because of that disease or defect was incapable of knowing or understanding the nature and quality of their actions OR was incapable of knowing that their actions were morally or legally wrong. During the court trial, three experts offered differing opinions on Mr. Aubrey’s mental state at the time of the shooting: Dr. Andrew Renouf, a psychologist, concluded that although Mr. Aubrey was mentally ill at the time he committed the offense, he did have the ability to understand the nature and quality of his actions and to understand that they were wrong. Dr. Martin Williams, also a psychologist, testified that Mr. Aubrey was unable to understand the nature and quality of his actions and was also unable to understand that they were wrong. Dr. Mikel Matto, a clinical psychiatrist, testified that Mr. Aubrey understood the nature and quality of his actions, but could not understand that they were wrong."

"The judge’s conclusion that Mr. Aubrey is not guilty by reason of insanity means he will be committed to Napa State Hospital.  People committed to state mental hospitals have the right (after 6 months) to periodically apply for release on the grounds that their sanity has been restored.  In one step of that process, a Humboldt County judge would determine if Mr. Aubrey would be a danger to the health and safety of others during a one-year period of supervision and treatment in the community.  Following a conclusion that Mr.  Aubrey did not present a danger and after one year of supervised release, an additional trial would determine whether his sanity had been restored and unconditional release should be granted.  In the absence of a change in the evaluation of Mr. Aubrey’s sanity, he will remain committed to the state hospital."

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