March 08, 2008
Vet using war stress defense found not guilty of murder
By LAUREN SONIS
Staff Writer
BUNNELL -- An Iraq war veteran was found not guilty by reason of insanity Friday after psychiatrists said he was having a flashback when he shot and killed a man.
Brian Christopher Wothers, 26, of Ormond Beach will live in a mental-health treatment facility until he is no longer deemed a threat to himself or others.
He was accused of killing 26-year-old Jeffrey Maxwell, a traveling construction worker from Denison, Texas, who was in Florida on an assignment. Maxwell's body was found May 26, 2006, in a wooded area near Old Kings Road in Palm Coast.
Wothers had a history of post-traumatic stress disorder related to his military duties when he saw piles of bodies and witnessed shootings, his attorneys said.
Prosecutors and Wothers' attorneys agreed to a trial by Circuit Judge Kim C. Hammond -- on charges of robbery and first-degree murder -- instead of by a jury.
"He's likely to suffer from that disorder for the foreseeable future," Hammond said.
Three adults hugged and kissed Wothers after the trial. They declined comment for this story.
"I'll call you," Wothers whispered to a woman as he left the courtroom to return to the Flagler County Inmate Facility, where he has been held pending the outcome of his case.
Wothers will stay there until the paperwork is filed to transport him. His attorneys said while it's not definite, Wothers will likely be moved to the North Florida Evaluation Treatment Center in Gainesville.
Attorney Zachary Stoumbos said in most similar cases, it can take five years before someone is considered safe enough to release.
Jeffrey Maxwell's family did not attend the trial, but they remained close to their phones on a snowy week in northeastern Texas.
His mother, Evelyn Maxwell, said she had hoped Wothers would be forced to stay in a treatment facility for at least 10 years and thought he should be punished.
"I'd prefer if he was in there a lot longer than five years," she said.
She said that while she supports capital punishment in general, she did not want to pursue the death penalty because of Wothers' mental-health problems. The mother said she wanted him to get help.
She later added, "A lot of (veterans) do need help when they come out."
When soldiers return from Iraq and Afghanistan and are accused of killings and other crimes, the justice system has been increasingly impelled to consider the effects of combat trauma in their offenses, according to a January New York Times report.
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Evelyn Maxwell must be an amazing woman. She lost her son but even after that she can see that Wothers was not in his right mind when it happened. How is it that she can understand PTSD but we have so many in the military who cannot?