Criminal proceedings against a man charged in a deadly highway shooting spree last year have been suspended while he undergoes mental evaluations to determine whether he’s fit to stand trial and whether he has an insanity defense.
Circuit Judge Richard Perkins ordered the examination by three mental health experts at the request of Toby Stangel’s defense lawyer, who said his client has been suffering from a "paranoid psychotic disorder."
Stangel remains held in lieu of $5 million bail. The examinations will take place at the Oahu Community Correctional Center.
Perkins scheduled a hearing for April 9 on the recommendations by the three experts.
City Deputy Prosecutor Dean Young did not object to the examination request.
Stangel, 29, a Wahiawa resident, is charged with murder, attempted murder, and firearm and drug charges. If convicted of those charges, he faces a mandatory life term without parole.
Stangel is accused of committing what police had characterized as a series of random attacks during the 17-minute rampage June 3 that started in Kaimuki and ended on the H-1 freeway in Aiea, where he was caught.
He is charged with murdering Tammy Nguyen, 54, a mother of 10, who was shot while her van was idling at a Kaimuki red light. Stangel is also charged with trying to murder two motorists shot on the H-1 freeway in Kapalama and with firing shots at two police officers.
Police recovered from Stangel’s car a pair of brass knuckles, a hunting knife and "numerous drugs," according to prosecutors. Stangel’s charges include illegal possession of alprazolam, a prescription drug for anxiety and panic disorders.
In requesting the examination, Deputy Public Defender Earl Edward Aquino said he talked to his client and consulted with a psychiatrist who examined Stangel.
Aquino’s request said he believes there are questions about whether his client is fit for trial and whether he was legally insane at the time of the shootings.
Aquino declined to elaborate last week.
A ruling that Stangel is unfit — that he cannot understand the criminal proceedings and cannot help in his defense — would mean the criminal proceedings will remain suspended until he is found fit. In the meantime, he would be committed to the Hawaii State Hospital if he is declared dangerous.
If Stangel were declared fit, the criminal proceedings would resume and he would be given a trial at which time the insanity defense could be raised.
Under state law, defendants can be acquitted by reason of insanity if their mental disorder renders them unable to tell right from wrong or unable to control their conduct.
If Stangel obtains an insanity acquittal and is deemed dangerous, he would be committed to the State Hospital.
The three experts are also ordered to give an opinion on whether Stangel is dangerous if they find he is unfit or was legally insane at the time of the shootings.
