Asked 4/23/2016 – San Antonio, TX

my friend was arrested for aggravated assault with a deadly weapon. He is a military veteran who served in Afghanistan with severe PTSD and receives 100% disability for his PTSD from the government, he is on medication, and recently was released from a treatment program at the time. His state of mind was that of being hunted and chased in his vehicle, he thought he was being shot at & he fired a gun out his window while in motion as a defense maneuver. I was on the floor board of the back seat, where he told me to go, as he was worried about my safety thinking he was being shot at, and I can testify to his state of mind and actions. An off duty police officer saw him and started following him in her personal vehicle which intensified his thought process of being followed, according to police reports, he shot her vehicle and police documents state her vehicle was struck twice, one bullet hitting her radio in her duty belt. She was not physically harmed. He actually dialed 911 on his phone and handed it to me to get help from the police, there is a recorded 911 call. He did not resist arrest. This is truly a case of mental illness.

Answer

1) Your friend needs to get an attorney. 2) Make sure an psychological evaluation is performed as soon as possible. Your friend’s prior criminal history will also be a factor in any potential sentencing, but his mental competency at the time of the offense as well as his current state is the first issue that needs to be addressed.