Court rejects church-arson trial

Wednesday, Oct. 2, 2002 | 9:56 a.m.

CARSON CITY -- A man found legally insane for burning and vandalizing a Mormon church in Las Vegas cannot be tried on a similar offense that took place a year later, a federal appeals court has ruled.

The 9th U.S. Circuit Court of Appeals, in overturning the decision of U.S. District Judge Philip Pro, said Tuesday that to put James Carbullido on trial would violate his right against double jeopardy.

In June 1999, Carbullido told agents of the Bureau of Alcohol, Tobacco and Firearms that he had been burning and vandalizing properties of the Church of Jesus Christ of Latter-day Saints because he believed members of the church had planted an electrical device in his brain.

This device, he said, projected voices into his head and took control of his mind and body.

There were nine instances of arson or attempted arson on the church properties from July 1998 until June 1999.

Carbullido was indicted on the first arson that took place in July 1998. He was examined by two defense psychologists and one prosecution psychiatrist, who agreed Carbullido had been suffering mentally for as long as 10 years and did not understand the wrongfulness of his criminal acts when they were committed.

But he was found mentally competent to stand trial.

The government and defense lawyers agreed to a stipulation that Carbullido should be found not guilty by reason of insanity. Carbullido was tried before U.S. District Judge David Hagen, who agreed Carbullido was legally insane at the time of the 1998 offense and for a period thereafter.

The judge ordered a civil commitment evaluation report. But the federal Bureau of Prisons found that Carbullido "does not currently suffer and has never suffered from a major mental illness." The prison said Carbullido's psychotic condition arose from methamphetamine use, and he was released.

The government then indicted Carbullido for a June 5, 1999, arson. The defense argued that the finding of legal insanity by Hagen extended to all the acts that were committed during a period of a year.

Pro refused to dismiss the indictment and the case was forwarded to the appeals court.