OMAHA, Neb. (WOWT) – Just last year, a judge ruled the woman who would later be shot and killed by police during an incident at an Omaha Walmart had continued to suffer from mental illness; remained a danger to herself and others; and should remain under the court’s supervision.
Two years ago, Noemi Guzman climbed out of a second story window of a south Omaha church. Law enforcement on the ground was waiting for her.
Noemi Guzman mugshot from a prior arrest(Omaha Police Department)
Before her capture, police say Guzman totally trashed the rectory and was earlier accused of setting her father’s house on fire.
Guzman faced four felonies for all of her alleged crimes. The courts ruled she was not responsible by reason of insanity.
Two years ago Noemi Guzman climbed out of a second story window of a south Omaha church. Law enforcement on the ground was waiting for her.FIRST ALERT 6 INVESTIGATESHow insanity rulings work
Assistant Professor of Law at Creighton University Leigh Ellis says an insanity ruling is not a get out of jail free card.
“All it does is it initiate a new legal procedure, so after the finding of not responsible by reason of insanity, what happens next is there’s a hearing during which the court is going to order an evaluation,” Ellis said.
The professor says based on that evaluation the court will make a number of decisions, whether or not if the person is a danger to themselves or the community. If no, the court jurisdiction is over, the case is closed. If the person is a danger, the court must then decide what is the appropriate placement and treatment.
“So once placement is determined and treatment is figured out, the next step is let the person go whether that’s in custody or in the community and then the case is set for annual review hearing,” Ellis said.
Gaps in community supervision
Professor Ellis says the laws surrounding not responsible by reason of insanity are complicated and there are times when people who should not be in the community end up out in the community.
“And that’s one of the issues we’re seeing is when an individual is placed in the Lincoln Regional Center we have a unitary authority, right, we have one agency that’s responsible to ensure the individual is complying with treatment and to communicate with the court if there is a lack of compliance. When an individual is placed in the community we lose that structure and it’s often in the loss of that structure that people fall in the cracks,” Ellis said.
And there are times when people who need help do fall in the cracks and end up causing harm to themselves and to others.
Douglas County mental health care officials tell us information about how many other patients are in our community undergoing therapy to monitor any risk factors connected to their potential for violence is protected by HIPAA laws.
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