Killer’s mental state in doubt

Bill Gang

Thursday, Aug. 5, 1999 | 9:46 a.m.

A Sept. 3 competency hearing has been set for a Las Vegas woman convicted in May of first-degree murder for the shooting death of her husband while he was standing near a Nevada Highway Patrol trooper.

After Linda Carbary was found guilty by a jury but before her sentencing, psychiatrists determined she was mentally incompetent to continue with the legal process.

The sentencing in Chief District Judge Lee Gates' courtroom was put on hold while the 33-year-old woman was sent to the state mental facility at Lake's Crossing, near Sparks, for evaluation.

She eventually was found competent, but additional examinations by three psychiatrists again have cast doubts on her sanity. While two psychiatrists found her competent, the third concluded she is unable to participate in the court process, making her mentally incompetent.

Deputy Special Public Defender Laurel Duffy said she became concerned about Carbary's sanity as the trial progressed in May because "her behavior seemed to be odd."

"I was surprised by the things she said and did," the lawyer said.

During visits to the jail, Duffy said Carbary would sway back and forth and "seemed to be listening to somebody else."

Gates will decide after the competency hearing whether Carbary is fit to be sentenced or whether she should be sent back to Lake's Crossing for further mental care.

Carbary's first-degree murder conviction requires a mandatory life prison term, and the only choice for Gates is whether parole should be possible after she has served 40 years.

Duffy said there is a possibility she will file a motion to set aside the conviction because of Carbary's mental state during the trial.

Before the March 15, 1997, murder, Carbary had told friends she intended to kill Jeffrey Carbary for leaving her. After the shooting she bragged that she had followed through with her pledge.

The incident began when Carbary tried to shoot her husband through the windshield of his car after he rejected her attempts at reconciliation. The bullet didn't penetrate the glass, and Jeffrey Carbary drove off with his wife in pursuit, according to trial testimony.

The victim stopped next to the trooper for protection on Interstate 15 near Cheyenne Avenue, but Linda Carbary also stopped and confronted him despite the officer's presence.

She fired a single bullet into the victim's head.