A Wichita man who was found not guilty by reason of insanity for a kidnapping and attempted rape in 1999 lost his bid to be released from the Osawatomie State Hospital when a judge ruled Wednesday that he remains a threat to society.
District Judge Ben Burgess ruled at the end of a 2½-hour hearing that Larry Davis, 48, would pose a threat to himself or others if given a conditional release to an assisted living facility that cares for the mentally ill.
Assistant Sedgwick County District Attorney David Lowden argued during the hearing that Davis should remain at Osawatomie. Burgess agreed.
“Given the full picture … the evidence is clear and convincing that Mr. Davis is a mentally ill person, and he is likely to cause harm to himself or others in the reasonably foreseeable future” if released, Burgess said.
Three mental health experts from the hospital testified through closed-circuit television that most of Davis’ mental illness symptoms were controlled by medication. But they said they could offer no guarantees that Davis would continue to take the medications if he was moved to another facility. They also said Davis’ mental illness was a factor in his refusal to seek medical treatment for cysts in his neck that doctors said could be cancerous.
Davis spoke at the hearing, but mostly in mumbles that were hard to understand.
“I just want to go home,” he said at the end of the hearing. “I ain’t done nothing to nobody.”
Davis was charged with aggravated kidnapping and attempted rape after an incident that occurred in his Wichita apartment on Aug. 24, 1999.
Court records show that he and a friend were drinking beer when Davis asked a woman he didn’t know to join them. The woman, who knew the friend, came into Davis’ apartment, and the friend left. When the woman tried to leave, court records show, Davis grabbed her by the wrist, dragged her to the kitchen and held a knife to her throat.
She had a swollen lip and red marks on her body when police showed up. She told officers that “he was trying to rape me.”
Davis was found not guilty by reason of insanity at a bench trial after a doctor concluded there was “ample clinical evidence to suggest that the defendant’s conduct was motivated by pathological paranoia and not by a willful or purposeful thought process.” The judge ruled that he did not possess the required criminal intent to commit the crimes he was charged with.
Under state law, a defendant found not guilty by reason of insanity is committed to a state mental hospital but is entitled to an annual hearing where prosecutors must show that he or she remains a threat.
During Wednesday’s hearing, Davis’ lawyer, Alice Osburn, said there was no evidence to suggest that Davis had exhibited any violent behavior over the past year.
“Has he ever been suicidal during your care and treatment of him?” she asked psychiatrist Syed Mohiuddin at one point.
“Not that I can recall,” Mohiuddin replied.
“Has he ever harmed anyone during your care of him?” Osburn asked.
“No,” Mohiuddin said.
“Has he ever threatened anyone harm during your treatment of him?”
“There are reports that he has threatened others,” Mohiuddin said. “I’m not saying that it’s every day that he’s doing that.”
“Has he damaged any property?”
“Not that I can recall.”
Testimony at the hearing showed that the threats that Mohiuddin referred to were made to Osawatomie staff members after they testified at Davis’ last hearing in 2011.