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State v. Flake8/5/2003
dant had told him he was no longer going to work for Mike Fultz because Fultz had sent him to a house guarded by four or five dogs and because Fultz sank boats in the Gulf of Mexico to collect the insurance proceeds. Finally, Mr. Flake testified that he had attended more than half of the defendant's treatment sessions, that the defendant had signed waivers allowing him to have access to the defendant's psychological records, and that the defendant had never reported hearing voices until April 9, 1997, three days after his arrest for these crimes. Mr. Flake acknowledged that the report was given only after his wife asked the defendant if he ever heard voices, to which the defendant responded, "yes, they told me to shoot the people." When Mrs. Flake asked how long he had been hearing the voices, the defendant replied, "since I was in treatment."
Testifying next for the defense was Turner Carpenter, who was introduced to the defendant by the pastor of his church, Central Church. Carpenter's pastor described the defendant as an alcoholic who had not drank in three years but had been unable to obtain serenity. Carpenter, a pastoral counselor at the Central Church responsible for an outreach program for addictions and dependencies, agreed to meet with the defendant. After the defendant made, but failed to keep, several appointments, Carpenter suggested that the defendant attend the group dependency meetings until a workable schedule for individual sessions could be arranged. Shortly before 6 p.m. on April 6, 1997, one day after Fultz and Bizot were shot, the defendant unexpectedly arrived at Carpenter's office and asked to meet with him. Carpenter agreed to meet with the defendant, but asked the defendant to wait a short time until Carpenter concluded his meeting with another parishioner. The defendant agreed, but appeared angry. Carpenter resumed his meeting, but just a few minutes later, he heard the door in the outer office open and went out to see who had arrived. Seeing the defendant, Carpenter nodded and turned to go back into his office. However, the defendant "leaped out from the couch" and "screamed my name out, just as loud as he could scream it." Carpenter described the defendant, who was pointing a gun at him, as "really angry." The defendant fired the gun once, striking Carpenter in the hand. The bullet traveled through Carpenter's hand and into his lung, liver, and diaphragm. Carpenter survived the shooting and was able to give the police information leading to the defendant's arrest. Carpenter's only explanation for the shooting was that the defendant became angry that Carpenter was unable to meet with him when he arrived.
Dr. Melvin Goldin, a board certified psychiatrist, treated the defendant from February of 1991 to February of 1995, meeting with the defendant on seventeen or eighteen times occasions during this period. Dr. Goldin testified that the defendant had been under the care of Dr. Richard Luscomb since January of 1988, and that he remained under the care of a psychologist from 1991 to 1995. Dr. Goldin noted that the defendant was hospitalized in 1988 due to "growing sadness, irritability, . . . and some alcohol problems," and again in 1989 and 1990 due to suicidal thoughts. At the initial meeting with Dr. Goldin, the defendant and his father reported that the defendant was having a great deal of trouble with obsessions and that he was hostile toward his mother, swinging at her and breaking things. Also at this initial interview, the defendant reported having homicidal thoughts toward people who frustrated him. As an example, the defendant referred to an incident a few days earlier where a woman honked her horn at him while he was driving. Dr. Goldin diagnosed the defendant with o
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