In a rage over words /Fear of 'New Jersey ' blamed for shooting


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Paper: Houston Chronicle
Date: WED 02/13/02
Section: A
Page: 33 metfront
Edition: 2 STAR

In a rage over words /Fear of 'New Jersey ' blamed for shooting

By KEVIN MORAN
Staff



GALVESTON - A Texas City man with a long history of mental health problems shot his girlfriend because he thought she was about to say words that inexplicably send him into a rage, prosecutors said Tuesday.

Thomas Ray Mitchell suffers from several psychiatric conditions that include a violent reaction to the words New Jersey , Wisconsin, Snickers and Mars, said his attorney, Maria Luisa Mercado.

Mitchell has spent time in mental health facilities in at least three states since 1978, Mercado said. He went on trial in Galveston on Tuesday, charged with aggravated assault with a deadly weapon.

In a statement to police after the March 9, 1999, shooting of Barbara Jenkins, Mitchell indicated that he had wounded her with three bullets from a .38-caliber pistol because she was about to say "New Jersey ." The shooting occurred at the Texas City apartment complex where Jenkins and Mitchell lived in separate units.

"I had seen that word at my mom's house, and then Barbara said what she said (and) I just snapped," Mitchell said in a statement to Texas City police.

Although he said that he shot Jenkins because he believed she was about to say "New Jersey ," Mitchell did not react when that state's name was mentioned twice during the first day of his trial.

The words were audible to people seated in the courtroom.

Mitchell, 54, who has no felony criminal record, is not expected to testify. It was unclear after prosecutor Mo Ibrahim rested the state's case Tuesday afternoon whether Mercado will present pyschiatric testimony when the defense case begins today in state District Judge Frank Carmona's court.

During an April 2001 hearing at which he was found competent to stand trial, Mitchell became enraged, cursing and yelling after seeing a flash card bearing the word "Snickers," Ibrahim said.

The outburst occurred while the jury was out of the courtroom.

That word and others known to upset Mitchell had been placed on cards so that people testifying would not have to say them aloud, Ibrahim said.

Late Tuesday, Ibrahim revealed that Jenkins, 54, had died in the past few days and was buried Sunday in Louisiana. He said he did not have details about her death, but that it was not related to her gunshot wounds.

Former neighbors of Jenkins and Mitchell testified that Mitchell calmly got into his car and left the apartment complex with his pistol after shooting Jenkins.

He was arrested minutes later at his mother's home about 15 blocks away.

In questioning prosecution witnesses, Mercado suggested that police knew before they took his statement that Mitchell had mental problems and should have been treated as a mental patient. She contended that Mitchell did not know what he was doing when he repeatedly waived his right to refuse to talk to police.

But investigators and Municipal Judge Thomas Cain, who twice read Mitchell his rights, testified that he appeared to fully understand what was going on.

In his statement, Mitchell told police that Jenkins "will do things that she knows makes me want to explode.

"She had been trying to get me committed so that she could take over my affairs, I mean take over my money and all," Mitchell said.

Mitchell sat with his head bowed through most of the day's testimony, his hands resting in his lap or his arms resting on the arms of his chair.
 
Paper: Houston Chronicle
Date: THU 02/14/02
Section: A
Page: 27 Metfront
Edition: 3 STAR

Jurors' word is `guilty' / Man convicted in `New Jersey ' rage

By KEVIN MORAN
Staff



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.

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.
 

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