Defendant in Franklin Regional school stabbing not mentally ill, Westmoreland judge rules
Tribune-ReviewFeb 04, 2017
The ruling means that
"Although the court finds that Hribal may have suffered from a psychotic illness, the court is of the opinion that Hribal possessed the capacity to appreciate the wrongfulness of his conduct and substantially confirm his conduct to the law in
Defense attorney
Hribal, who was 16 at the time of the attack, faces 21 counts each of attempted murder and aggravated assault as well as a weapons offense. He is accused of using two kitchen knives to slash and stab victims as he ran down a school hallway before the start of class.
He was subdued in the hallway by a school official moments after the attack and has been in custody since.
In November, Hribal went to court and attempted to plead guilty but mentally ill during a hearing in which Thomassey presented testimony from mental health experts who diagnosed him as schizophrenic and psychotic at the time of the assaults.
The defense maintained the guilty but mentally ill plea would have no impact on any sentence Hribal could receive. The determination only provided an opportunity to have Hribal serve a portion of the sentence in a mental health facility. Once it was determined he was no longer mentally ill, he would have been returned to prison for the balance of the penalty, Thomassey said.
District Attorney
In court documents and during the hearing, Peck argued that Hribal had a conscious desire to harm classmates and deliberately planned the incident to resemble a 1999 school shooting in
Police found a handwritten essay in Hribal's locker, dated days before the rampage, that explained his reasons for the stabbings and his desire to kill classmates, Peck said.
The judge said that missive was evidence that Hribal was aware of the seriousness of his actions and argued against the defense theory that his mental illness led to the knife rampage.
With the judge's ruling barring a guilty but mentally ill plea, it will be up to Hribal to determine how the case proceeds, Peck said.
"The defendant has a decision to make, if he intends to plead guilty or seek a jury or nonjury trial," Peck said Friday.
Peck said no formal plea bargain offers have been made to Hribal, and negotiations with the defense for a potential deal were halted last summer after victims and their families demanded that any agreement include a long prison sentence.
"They are seeking a lengthy term of incarceration based on the trauma that was inflicted on them and their family members," Peck said.
The judge ordered that a hearing be scheduled soon to determine how the case would proceed.
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