Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
(Deseret News, By Linda Thompson)
FARMINGTON — The criminal case against the young man accused of fatally shooting his father during a duck hunting trip is resolved after both sides agreed today he's too mentally ill to be held criminally responsible for what happened.
In what was characterized as a rare legal outcome, Benjamin Joseph Gully, 21, was declared not guilty by reason of insanity of first-degree felony murder in connection with the 2004 shooting death of his father, James Gully, 61.
Upon issuing the declaration, 2nd District Judge Michael Allphin then ordered Gully to be committed at the Utah State Hospital, where he will undergo evaluations every six months. If he is ever deemed not to be a danger to himself or others and is considered "cured" of his extreme mental illness, the court could order his release.
But Allphin noted that not only does the evidence show Gully was mentally ill at the time he shot his father, he continues to suffer from a serious mental illness that justifies continued hospital commitment.
Outside court, Gully's mother, Mary Gully, said she was thrilled with the outcome and relieved her son will continue to get the treatment he needs for what she described as "schizo affective disorder," a combination of schizophrenia and bipolar disorder.
At the time of the slaying, Gully was suffering from auditory and visual hallucinations and was totally delusional, defense attorney Fred Metos said.
"He was functioning in this different reality. It it is hard to explain and when you try to make sense of it, you can't," Metos said. The delusions, Metos added, were so "controlling," it was impossible for Gully to have formed any intent to kill his father.
Since his continuing treatment at the hospital, however, Gully realizes what happened to his father, suffers remorse and misses his father terribly, Mary Gully said.
She added she is hopeful treatment will not only work to cure his illness, but help him overcome his grief.
(Copyright 2006 by The Deseret Morning News. All Rights Reserved.)
