David Earl Brown: Court Reverses Montrose Killer's Conviction Because of Suicide Attempt

Categories: Courts, Crime

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David Earl Brown: Court orders new trial.
David Earl Brown shot Whitt Bruney to death in Montrose in 2008, a case that garnered attention because, among other things, Bruney had built a panic room because of his fear of Brown.

Brown said the shooting was in self-defense, but a jury convicted him and gave him ten years in prison.

Now an appeals court has reversed the jury and ordered a new trial, saying a competency hearing should have been held for Brown after he tried to commit suicide during the trial.

Brown shot himself in the head after his side had presented its evidence, but before final arguments and the punishment hearing.

The judge told lawyers Brown "had voluntarily recused himself" from proceedings and told the jury "Mr. Brown is very ill, temporarily in the hospital. Therefore, he is unable to attend Court today. I am instructing you, each of you that you cannot consider his absence for any purpose whatsoever in your deliberations."

The 1st Court of Appeals has found the judge should have conducted a competency hearing on Brown once the suicide attempt was made.

"As he was in the intensive care unit of a hospital, all the evidence from the informal hearing supported a finding that Brown did not have sufficient present ability to consult with his lawyer as a result of the gunshot wound," the court said. "At that point, the trial court was required to stay all proceedings in the case pending a competency examination and incompetency trial."

The panel ordered a new trial.


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8 comments
Manxlucky
Manxlucky

Is this guy the auctioneer from Storage Wars?

justice for victims
justice for victims

wow, what a waste of the courts time.  So now that his famous defense attorney has nothing to do since conrad murray got convicted,he is drumming up more business to buy some more matching ties and socks to go with his fidora hats 2 years later after the conviction to say it wasn't fair??, so that we can have another trial.... what is unfair is that the families who thought this was over with now have to relive it all over again.... criminals have more rights then the victims do.

seanster5977
seanster5977

I never have understood how being a crazy killer means you are not guilty? I would think if you are crazy and a murderer you would be in the front of the line for death row or life in prison. But progressives just love to let these nuts back out on the streets like they have been cured. 

Jn Brown
Jn Brown

new trial, new  sentence.  40 yrs this time?

Nycerie
Nycerie

Will this be the new insanity defense? Attemp to kill yourself, live get new trial.

ShitThrowingMonkey
ShitThrowingMonkey

All the more reason the original judge should have had a competency hearing so that the subsequent finding of guilt could not be appealed.  And here we are with a guilty man getting a new trial.  Don't blame the appeals court for doing their job.

Cfstanfield
Cfstanfield

 You would have to be crazy to try this as a legal strategy.  Wait, that's the point.

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