The state cannot force anti-psychotic drugs on a man charged with murdering four people at a Kennesaw Penske Truck Rental business in 2010 to make him competent to go on trial, the Georgia Supreme Court ruled Monday.
But the justices left open the possibility that Jesse James Warren could be forced to take anti-psychotic medications if prosecutors show that his medical circumstances has changed or if doctors offer a detailed treatment plan before the judge in his death penalty trial signs off on it.
State doctors have said several times that Warren was delusional and not competent to stand trial for the 2010 shooting of five men, four of whom were employees at the business where Warren had once worked. Three died at the scene and the fourth died three years later. The fifth man survived his wounds.
The justices said in a 53-page decision that the judge hearing the case did not adequately cite reasons why anti-psychotic medication should be forced on Warren. Prosecutors are seeking the death penalty.
The justices said Warren’s mental and physical condition could have changed since the June 2014 hearing that resulted in the order to forcibly medicate him.
State doctors had said they were reluctant to give Warren certain medications because of the physical dangers they posed to him because of his age — in his mid 60s — and his other physical ailments, including high blood pressure.
“If the State elects to pursue its motion for involuntary medication on remand, the trial court should allow the parties to present additional evidence to ensure that the court’s findings are based on current circumstances,” the opinion said.
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