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<< Jurors' word is `guilty'
Man convicted in `New Jersey' rage
By KEVIN MORAN
Copyright 2002 Houston Chronicle
GALVESTON -- A man with a history of being enraged by certain words was found guilty Wednesday of shooting his girlfriend when he thought she was about to say "New Jersey."
A jury of 10 women and two men took less than two hours to convict Thomas Ray Mitchell, 54, of aggravated assault with a deadly weapon in the 1999 attack that wounded Barbara Jenkins. His family says he has a history of mental illness.
Testimony in the punishment phase of the trial began late Wednesday and final arguments are expected today in state District Judge Frank Carmona's court.
Mitchell, a Texas City resident who has no felony criminal record, could be sentenced to up to 20 years in prison for shooting Jenkins outside his apartment on March 9, 1999.
Although he did not claim insanity as a defense, relatives testified Wednesday that he gets angry, curses and bangs on walls when he hears certain words or phrases, including "New Jersey."
But, they said, Mitchell never had attacked or harmed anyone before the shooting.
He has been committed numerous times to mental facilities in Illinois for periods of three weeks to three months since 1985, relatives testified.
Although other words that have upset him since his mental problems began in the early 1980s were not spoken in court during the two-day trial, attorneys involved in the case said the words "Snickers," "Mars" and "Wisconsin" also have caused Mitchell to become upset.
Defense attorney Maria Luisa Mercado maintained that Mitchell did not understand what he was doing when he was arrested by Texas City police, advised of his rights orally and in writing and asked to make a statement about the shooting.
Investigators said he told them that he shot Jenkins because he thought she was about to say "New Jersey."
Police continued to question Mitchell and did not inform a judge who arraigned him that he had mental problems that could affect his ability to understand what was going on, Mercado told jurors in final arguments.
Before giving his statement, Mitchell told a police officer that he had mental problems and some words upset him, she said.
"(The officer) knew at that point in time there was a question as to the mental state of Mr. Mitchell," Mercado said.
Police failed to check his background, which would have shown that he had been mentally disabled and receiving Social Security disability checks for 22 years, she said.
Galveston County prosecutor Mo Ibrahim told jurors, however, that Mitchell knew what he was doing when he shot Jenkins in the chest and arm, then calmly drove away from the complex where they lived in separate apartments.
"When you pick up a loaded .38, point it at somebody and fire it at close range, it's no mistake," Ibrahim said. "You heard no evidence from any credible source, a psychiatrist or anyone else, that would lead us to believe this man was insane."
Jurors rejected Mercado's argument that police violated Mitchell's rights by failing to obtain an arrest warrant or search warrant when they had plenty of time to do so.
Mitchell did not testify.
In the first day of his trial Tuesday, he did not react when the phrase "New Jersey" was uttered twice within his earshot. On Wednesday, Mitchell appeared to be holding his ears closed with his index fingers when relatives testified about his problems.
He was found competent to stand trial after an April 2001 hearing, during which he cursed and yelled after seeing the word "Snickers" on a flash card, Ibrahim said.
Prosecutors said Jenkins died recently and was buried Sunday in Lousiana. Details of her death were not available, Ibrahim said, but it was not related to her injuries from the shooting. >>