BURTON SHORT STOP SHOOTER FOUND “NOT GUILTY BY REASON OF INSANITY”
“Not Guilty by Reason of Insanity” was the ruling by Judge Carson Campbell Tuesday for Joshua Christopher Crowley, otherwise known as the Burton Short Stop shooter. He was found Not Guilty by Reason of Insanity during a 2-hour hearing before Judge Carson Campbell Tuesday.
District Attorney Julie Renken called three witnesses to the stand; Bradley Locke, the victim in the May of 2021 case, a Texas Ranger who was one of the investigators, and a licensed psychologist, who intervened Crowley. Locke, who was flown to St. Joseph Hospital in Bryan, testified as to the extent of his injuries. The Texas Ranger testified as to the events that took place May 1, 2021. The licensed psychologist testified that there is a difference between competent to stand trial, and insanity. The latter has to do with mindset at the time of offence, and “competent to stand trial” has to do with the patient’s current state of mind. He said that the State of Texas has a very narrow definition of “insanity” and he could only recall a handful of cases where he found the defendant “not guilty by reason of insanity”. He testified that Crowley had voices in his head telling him that people were out to get his son.
Renken questioned the psychologist at length if Crowley was making it up, and he said no, that Crowley had a mental disease or defect. Crowley was sentenced to treatment in a State of Texas Mental Hospital for his illness.
Full Press Release from The District Attorney's Office
CROWLEY FOUND TO BE INSANE AT TIME OF SHORT STOP SHOOTING
BRENHAM, TEXAS, July 18, 2023 – Joshua Crowley was found Not Guilty by reason of insanity today in the District Court. Judge Campbell presided over the hearing, District Attorney Julie Renken represented the State, and the defendant was represented by Aaron Kleinschmidt.
Crowley was charged with multiple counts of Aggravated Assault after a shooting at the Burton Short Stop on May 2, 2021. One individual was struck three times. He was in his vehicle in the parking lot at the time, with his young son in the car. While the victim was standing on the back porch, Crowley drove past him and opened fire. Law enforcement found no connection between the victim and Crowley; the incident was completely at random. Crowley fled after the shooting and was located in Harris County the next day. An Amber Alert was by the Austin Police Department issued for his son following the shooting after Crowley’s ex-wife reported him missing, and the child was found safe.
The Texas Penal Code defines insanity as a defense, saying “at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong (illegal).” And, “mental disease or defect does not include an abnormality manifested only be repeated criminal or otherwise anti-social conduct.”
Three psychiatrists evaluated Crowley to determine his sanity at the time of the offense. One was appointed as an expert on Crowley’s behalf and a second evaluated him on behalf of the Court; both found him to have likely been insane. The State retained Dr. Steven Coates, to conduct an additional evaluation. Dr. Coates concurred with the previous evaluations, concluding that Crowley was insane at the time of the offense.
Crowley maintained through both police and psychiatric interviews that he believed his actions were done to protect his son, that the victims intended to abduct and kill the child, and that the Burton Short Stop was a “processing place” for abducted children. He believed his actions were necessary to protect his young son from harm.
Dr. Coates testified that he has conducted around 2,000 of these examinations and found less than 10 people to be insane. He based his decision not just on his interviews with Crowley but countless of medical and psychiatric records obtained by the State from multiple mental health facilities. He opined that no sane person would be able to falsely maintain a lie this detailed and convincing for so long, and that Crowley was suffering from paranoid schizophrenia that manifested as an adult and recently escalated.
Based on the testimony, the Court found that Crowley was Not Guilty of the charged crimes due to his inability to perceive the “wrongness” of his actions. He will be committed to a hospital assigned by the Texas Department of Health and Human Services to further evaluate Crowley for continued commitment. Legally, Crowley can be committed for the rest of his life due to the committed crimes.
The Court made findings on the record that the crimes involved a firearm and that the victim suffered serious bodily injury. Evidence was also presented that Crowley would likely not comply with an outpatient treatment regimen. Those findings allow for the DHHS and treating physicians to maintain and lengthen any further commitment, again, up to the rest of his life,
After the hearing Renken commented, “This is the law. If a person is found insane, he cannot be convicted of the crimes. In that case, a person is committed in a mental hospital until he is no longer a danger to himself or others, or the Court determines that the person will not follow an outpatient treatment regimen.” “Three different doctors believed him to be insane, and there’s no evidence to the contrary,” she explained.
In a separate statement Renken said, “When we see violent cases with these outcomes it is easy to question the criminal justice system. It seems that no one wins here, and that’s true. But it does not mean he walks out the door free to commit more violent crimes. The real potential exists that due to these circumstances, Mr. Crowley will spend the rest of his life in a mental health facility. These cases require a prosecutor to look deeply and remember that we are sworn to follow the law.”