Man who shot at deputies returned to state hospital

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A man who allegedly shot at his wife and fired more than 30 shots at Macon County deputies in a five-hour standoff will not stand trial after being found incapable of proceeding, but will remain in a state hospital in Morganton.

Superior court Judge C. Philip Ginn ruled Friday that Jeremy Eugene Griffin, 79, lacks the capacity to proceed to trial. The charges against him stem from an Aug. 30, 2005 incident that started with him shooting at a car occupied by his wife and another female victim.

While Ginn ruled that Griffin doesn't have the capacity to proceed, he did not dismiss the charges against Griffin, which possibly could have sent him to a nursing facility closer to home.

According to statements by Sheriff Robert Holland at the time of Griffin's arrest, deputies responded to a 911 call placed by Griffin's wife after a domestic dispute.

The car occupied by the two victims was hit twice, though neither Griffin's wife nor the other female in the car was harmed.

When deputies arrived at Griffin's 1694 Mashburn Branch Rd. home, they faced gunfire after he refused to come out.

During that time, surrounded by officers and sheriff's tactical team members, Griffin shot at least 32 times with a .30-.30 rifle - talking frequently with sheriff's deputies in an attempt to draw them out to shoot them, Holland said.

Finally, a deputy positioned himself in a two-story shed with a Taser and deployed it into Griffin's shoulder after a sheriff's negotiator was able to get Griffin to move into range. He was taken onto custody and charged with counts of first-degree attempted murder and other felony charges related to the standoff.

After Griffin's capture, four other guns were found loaded and ready to go in the home. Several rounds of additional ammunition were also present.

Griffin's attorney Frank Lay produced two of Griffin's caregivers at Broughton Hospital, where Griffin was taken. Psychologist Dr. Lee Hall and physician's assistant Dale Ellis told the court that Griffin had shown no violent or aggressive behavior in the two years that he had been admitted at Broughton, and that he suffers from vascular dementia.

Both Hall and Ellis told the court that Griffin's needs would be better served in a nursing home with facilities that prevent patients from wandering off.

Vascular dementia

According to the Mayo Clinic, vascular dementia is an umbrella term that describes impairments in cognitive function caused by problems in the blood vessels that feed the brain. In some cases, a blood vessel may be completely blocked, causing a stroke. Some strokes result in dementia while others don't. It depends on the severity of the stroke and the portion of the brain that's affected.

The clinic's website also says the condition can also can occur when blood vessels in the brain narrow, reducing the amount of blood flow to those sections of the brain. The prevalence of vascular dementia ranges from 1 to 4 percent in people over the age of 65.

Vascular dementia is a progressive disease and is irreversible.

No threat to public

Lay asked Hall if Griffin posed a danger to the public should charges against him be dismissed and Griffin was put into a nursing facility.

"I do not believe that's the case," said Hall. "He's shown a lot of self-restraint in dealing with others."

The District Attorney's office, represented by assistant district attorney Jason Arnold, contended that Griffin tried several times to shoot not only his wife and her neighbor, but also tried to kill deputies at the time of the 2005 incident.

"Would you give him a gun?" Arnold asked Hall in regards to his confidence in his assessment.

"Actually yes," Hall replied, though explaining that he wouldn't suggest giving anyone a gun in a courtroom.

Lay told Ginn that if the charges were dropped, Griffin would return to Broughton, then commitment proceedings would begin so Griffin could receive Medicare and Medicaid to help fund a nursing home stay.

While on the stand, Ellis related several other medical issues Griffin has that are contributing to his declining health, including congestive heart failure.

"What's the difference in his condition from 2006 than what it is today?" Ginn asked Lay.

Lay and Hall explained that a urinary tract infection suffered by Griffin at the time of the criminal act could have caused his behavior due to the possibility it could aggravate the demeanor of someone with vascular dementia.

Again Ginn asked what was different about Griffin now than in 2006, when he was transferred to Broughton from Dorothea Dix.

Hall replied only that during his stay at Broughton, Griffin has been stable, cooperative and exhibited no signs of aggression.

Ginn ruled that Griffin was incapable of proceeding to trial and entertained arguments as to whether the charges against him should be dismissed.

Lay cited a N.C. General Statute G.S. 15A-1008. It states that, when it appears to the satisfaction of the court that a defendant will not gain capacity to proceed, the charges against the defendant may be dropped.

Lay argued that Griffin was in delusional state brought on by his condition when he fired at the victims and later at deputies.

Lay told Ginn that Griffin was a man that has had one event of violent behavior in his lifetime, brought on by delusion and medical issues.

Pointing to Griffin's wife seated at the front of the courtroom, Lay said that dismissing the charges and allowing his client to be moved to a nursing facility closer to home is what is desired.

"What these folks want is the ability to see each other," Lay said, adding that there was a fear of Griffin staying at Broughton until he passes away.

Arnold told Ginn that the fact remains Griffin tried to shoot law enforcement officers, and was only stopped after being forcibly stopped by a non-lethal device.

"32 shots were fired at my officers," Arnold said.

"He could have very well been on trial for his life," he added. "It was a five-hour standoff. A lot of officers didn't know if they were gonna go home that day because of those shots."

"These are always difficult cases," Ginn said. "I grieve over the state of mental healthcare in this state."

Ginn denied dismissing the charges against Griffin. For now, he will remain in custody at Broughton.

On Tuesday morning, Lay said the way the statute (G.S. 15A-1008) is written, it is in the court's discretion to decide whether or not to dismiss the charges.

Lay said Broughton is trying to figure out what to do with Griffin, and that a facility where he could have more activity and interaction with others would be beneficial.

"That's what they feel is appropriate for him," Lay said.

"It's a sad situation all in all for the family," Sheriff Holland said. "But I have to put the safety of the community as well as the safety of my officers as my first priority."