Monday, Oct 16, 2006
Eugene Frederick Boyce, III, 37, was found not guilty by reason of insanity last week after a trial in federal court. Boyce had been hospitalized at various Bureau of Prison hospital facilities since he shot and killed ranger Steve Makuakane-Jarrell on December 12, 1999. The insanity verdict applies to all three charges against Boyce, namely, murder of an employee of the federal government while engaged in the performance of his official duties, using a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm. The evidence at trial showed that Makuakane-Jarrell approached Boyce after his dogs aggressively barked and snapped at a visitor. At some point during their encounter, a struggle ensued and Boyce gained control over the ranger’s semi-automatic handgun, shooting him twice at close range. Boyce, who was declared incompetent to proceed to trial on several occasions since the murder, was declared competent to proceed to trial late last year. At trial, the government’s own psychologist testified that Boyce suffered from a severe form of paranoia and schizophrenia, and testified that Boyce, who was homeless at the time, believed that the ranger was attempting to kill him and his dogs at the time of their encounter. He also said that, due to his severe mental disease, Boyce was insane at the time he shot the ranger. The defense psychiatrist also testified that Boyce was insane at the time of the shooting due to severe paranoia and schizophrenia. Boyce will be remanded to the custody of the Bureau of Prisons for a study to be conducted by mental health experts on whether he presents a risk of danger to persons or property. A hearing will be conducted by the court on November 20th regarding the issue of dangerousness. Boyce has a long history of mental illness and a history of violent acts and threats, which culminated in the shooting death of the ranger. “Based on this dangerous history, we will aggressively fight to keep Mr. Boyce in custody forever, because he poses such a substantial threat to the safety and welfare of our citizens,” said U.S. attorney Ed Kubo. At any future hearing, Boyce will bear the burden of proving by clear and convincing evidence that he is not a substantial danger to other persons or property. Assistant U.S. attorney Ken Sorenson prosecuted the case, which was investigated by the FBI, NPS, and the Hawaii County Police Department.
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