• Home
  • About me: Jim Fitzpatrick
  • Contact

JimmyCsays: At the juncture of journalism and daily life in KC

Feeds:
Posts
Comments
« Remembering Jim Kissick: A first-class guy who achieved tremendous success in the heavy construction industry
Today let’s we celebrate the dawn of a new year and the precious tradition of a free press »

Shifting gears, Jungerman asks the court for a mental competency evaluation

December 27, 2018 by jimmycsays

Just six months ago, David Jungerman was seeking an accelerated trial date and complaining he was wasting much of what remains of his life in jail.

Now, though, with his Feb. 25 trial date much closer than it was then, Jungerman seems to have changed his tune.

Four days before Christmas, his attorney filed a motion asking for a mental competency determination from the Missouri Division of Mental Health.

Specifically, the motion seeks a determination as to “whether the defendant has the capacity to understand the proceedings against him or to assist in his own defense” and “an opinion as to whether the defendant has a mental disease or defect and the duration thereof.”

We could see this coming, couldn’t we?

Jungerman

The way this dangerous old man has conducted himself the last 30 years stands as strong evidence that he is an irrational person who flagrantly flouts not only societal norms but also the law. Consider that he has…

— shot at least three people encroaching on his northeast Kansas City business

— fired a warning shot at a man he believed had stolen pipe from his property

— held several teenagers at gunpoint after he caught them on his property in Raytown

And, finally, since March he has stood charged with first-degree murder in the fatal shooting of Kansas City lawyer Thomas Pickert, who had won a big civil award for one of the prowlers Jungerman had shot.

…You’ll note I said Jungerman is irrational. That’s not to say he is suffers from a mental disease or that he doesn’t know what he’s doing.

I believe in each instance he knew exactly what he was doing. His problem is he believes that if someone — anyone — does anything he views as a threat to his money or his property, he’s entitled to go into offensive mode, locked and loaded.

He told me so himself, after a court hearing in an unrelated case earlier this year. Outside the courthouse in Nevada, MO, he said he firmly believed in “the castle doctrine,” which he succinctly described this way: “You come in my house, I’m going to blow your ass away.”

Jungerman thinks he’s funny, too. For example, when police asked him whether he was shooting at the man he believed had stolen pipe from him, Jungerman insisted it was a warning shot, saying, “Missing him would have hurt my pride.”

Only when it suits his needs does he claim to have mental problems…In the civil trial where Thomas Pickert represented one of the men Jungerman had shot (resulting in the man losing a leg to amputation), Jungerman claimed his thinking had been cloudy since he fell and hit his head on concrete several years ago.

Yeah, sure.

…Judge David Byrn has not ruled on the motion for a mental exam. I think he almost certainly will grant the motion, however, and I also believe state psychiatrists will conclude he suffers from no apparent mental disease or defect and will find him competent to stand trial.

If, by some chance, they determine he does suffer from mental disease or defect, do not worry; this man is not going free. He would change his plea from “not guilty” to “not guilty by reason of mental disease or defect.” If a jury found him not guilty for that reason, he would be committed to the Fulton State Hospital, the facility for defendants found not guilty, or unable to stand trial, by reason of mental disease or defect.

This change of direction by Jungerman looks to me like the start of a delaying action. When the state has overwhelming evidence — which I think it has in the Pickert case — a defendant’s best option is to delay, delay, delay. Let evidence get stale, hope witnesses get cold feet. Whatever. Just forestall prosecution as long as possible.

Maybe I’m wrong. Maybe this trial will still start Feb. 25, as scheduled. But don’t be surprised if it doesn’t.

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Related

Posted in Uncategorized | 1 Comment

One Response

  1. on December 27, 2018 at 10:27 pm Bob Kennedy

    I do think you have this nailed. Thanks again for your follow up.



Comments are closed.

  • Pages

    • About me: Jim Fitzpatrick
    • Contact
  • Archives

    • February 2023
    • January 2023
    • December 2022
    • November 2022
    • October 2022
    • September 2022
    • August 2022
    • July 2022
    • June 2022
    • May 2022
    • April 2022
    • March 2022
    • February 2022
    • January 2022
    • December 2021
    • November 2021
    • October 2021
    • September 2021
    • August 2021
    • July 2021
    • June 2021
    • May 2021
    • April 2021
    • March 2021
    • February 2021
    • January 2021
    • December 2020
    • November 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • May 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • December 2019
    • November 2019
    • October 2019
    • September 2019
    • August 2019
    • July 2019
    • June 2019
    • May 2019
    • April 2019
    • March 2019
    • February 2019
    • January 2019
    • December 2018
    • November 2018
    • October 2018
    • September 2018
    • August 2018
    • July 2018
    • June 2018
    • May 2018
    • April 2018
    • March 2018
    • February 2018
    • January 2018
    • December 2017
    • November 2017
    • October 2017
    • September 2017
    • August 2017
    • July 2017
    • June 2017
    • May 2017
    • April 2017
    • March 2017
    • February 2017
    • January 2017
    • December 2016
    • November 2016
    • October 2016
    • September 2016
    • August 2016
    • July 2016
    • June 2016
    • May 2016
    • April 2016
    • March 2016
    • February 2016
    • January 2016
    • December 2015
    • November 2015
    • October 2015
    • September 2015
    • August 2015
    • July 2015
    • June 2015
    • May 2015
    • April 2015
    • March 2015
    • February 2015
    • January 2015
    • December 2014
    • November 2014
    • October 2014
    • September 2014
    • August 2014
    • July 2014
    • June 2014
    • May 2014
    • April 2014
    • March 2014
    • February 2014
    • January 2014
    • December 2013
    • November 2013
    • October 2013
    • September 2013
    • August 2013
    • July 2013
    • June 2013
    • May 2013
    • April 2013
    • March 2013
    • February 2013
    • January 2013
    • December 2012
    • November 2012
    • May 2012
    • April 2012
    • March 2012
    • February 2012
    • January 2012
    • December 2011
    • November 2011
    • October 2011
    • September 2011
    • August 2011
    • July 2011
    • June 2011
    • May 2011
    • April 2011
    • March 2011
    • February 2011
    • January 2011
    • December 2010
    • November 2010
    • October 2010
    • September 2010
    • August 2010
    • July 2010
    • June 2010
    • May 2010
    • April 2010
    • March 2010
  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 563 other subscribers

Blog at WordPress.com.

WPThemes.


  • Follow Following
    • JimmyCsays: At the juncture of journalism and daily life in KC
    • Join 563 other followers
    • Already have a WordPress.com account? Log in now.
    • JimmyCsays: At the juncture of journalism and daily life in KC
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Copy shortlink
    • Report this content
    • View post in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

    %d bloggers like this: