Not Guilty by Reason of Insanity!
I share this bittersweet ruling with you. It is the right ruling which is what makes it sweet. What makes it bitter is how long it took to get to this ridiculously obvious decision.
Anyone who saw any of the videos from the day of the tragedy instantly recognized what the State took 2 years, 8 months and 6 days to decide.
The injustice by the numbers
If you’ve followed our case for any amount of time, you know how long and hard we had to fight just to get Mikese into a hospital after he was arrested. It took almost 6 months and 5 different psychiatric evaluations, all of which said the same thing, he was unfit to stand trial, before we could even get him to the hospital. That was bad enough.
The State knew Mikese was in the midst of psychotic break
What’s worse is, we learned the State knew from the second day of Mikese being in jail, that he was in the midst of a psychotic break on the day of the tragedy.
They knew because they hired the same expert witness we ended up hiring. She told us how she saw Mikese on his second day in jail and reported he was clearly in a psychotic state.
So why wouldn’t Mikese be immediately sent to a mental health hospital instead of making him sit in jail?
No resources before but a plethora of resources after
This has been our cry from the very beginning. We could never get tax payer dollars to help Mikese before the tragedy but we could plenty of tax payer dollars to defend him after the tragedy. What kind of sense does that make?
The plight of the severely mentally ill and their families
Over the 10-year period we tried in vain to get true intervention and meaningful support for Mikese, we couldn’t find any. We could get brief Baker Acts and words like, “Well ma’am being mentally ill isn’t a crime.” And it’s true, being mentally ill isn’t a crime, until it is.
When Mikese took HIMSELF to the police to get help because he was concerned he might hurt someone. If you’re new to this story, you read that right, Mikese, a tall, dark skinned, black man, voluntarily took himself to the police to be taken to the hospital so he wouldn’t hurt anyone. And thankfully, he was. That was one of the few things that went right before the tragedy.
He was even kept a little longer than a standard Baker Act. However he was still released despite our pleas for him to be kept in so he could get real treatment not this pass through treatment he had been getting. But he was still released.
Within days, the great tragedy happened. Our lives and the Agueberries’ lives were forever changed.
Mikese needs a bed not a cell
Now the State is recommending Mikese be put in a secured psychiatric facility, meaning one connected to the criminal justice system. We know this trap! This is another way to keep another Black man tied to a system he should have never been in the first place.
Don’t get me wrong, as Mikese’s Guardians, we absolutely want him to get the best mental health care treatment possible. We want treatment that will allow him to continue to manage his condition and learn to live successfully with it so he can go back to be a contributing member of society.
We have set up private insurance for Mikese that has a good mental health component. We are not asking for support or assistance. We know there are community-based programs to support him transition successfully. Isn’t that what we should be focused on, help, not hurt? Shouldn’t the focus be on a bed not a cell?
Double jeopardy
Mikese has been a model resident over the past 3 years. We feel blessed to be able interact with the son we were used to seeing before his severe mental illness took over.
Since the State knew from the beginning about Mikese’s condition and kept him incarcerated and not hospitalized, we feel he’s already served his time for a crime for which he should have been hospitalized and not incarcerated.
The fact the State knew 2 days into his incarceration and STILL took almost 6 months to allow him to go to a hospital, really makes my blood boil!
To ask him to serve more time associated with the criminal justice system, is not only unjust but to me amounts to double jeopardy.
Placement Hearing
In a few weeks there will be a hearing about where Mikese should be placed. As I’ve said, The State wants him into a facility associated with the criminal justice system.
We want Mikese in a residential community-based program NOT associated with the criminal justice system.
Mikese wasn’t a criminal before the tragedy and should not learn how to transition back into society from the vantage point of being one.
At this point, after almost 3 years, the primary focus should be to help, not hurt. He should have a bed not a cell!
3 easy ways you can help
- Please share this message and tag anyone else who might be able to share or otherwise help spread the message.
- If you know of any good community-based programs, please message me but please don’t call right now.
- Pray, meditate, send good vibes, do your thing. Whatever you call it, please help us help Mikese clear this last hurdle and this final injustice.
Thank you all for your support along the way. One more hurdle to clear!
