Medical matter precludes police officer's hearing

3/29/2012

A hearing to determine whether any treatment should be ordered for a Toledo police sergeant recently found not guilty by reason of insanity for shooting a colleague was postponed by a trial court judge Wednesday.

Gloria Burks did not appear in Lucas County Common Pleas Court. Judge Myron Duhart waived her appearance after attorney Jane Roman said she received a call from Burks' husband who said an "emergency medical situation" prevented her attendance.

The hearing was continued to April 30.

The judge also said he needed information other than what was in a March 26 report from the Court Diagnostic and Treatment Center. With agreement from attorneys for both sides, he referred Burks to a second psychologist for an updated report.

Specifically, Judge Duhart ordered that the report include an opinion on whether the defendant is mentally ill and subject to hospitalization as well as to determine the least restrictive environment available for possible treatment.

Burks, 51, was charged with felonious assault with a gun specification and an alternative charge of assault for the Sept. 20, 2010, shooting of Sgt. Jeffery Bechtel once through the right arm. Judge Duhart ruled March 19 after a three-day trial that Burks was suffering from a mental defect.

The judge said she experienced a seizure at the time of the shooting and was not aware of the "wrongfulness of her actions."

As a result of the not guilty by reason of insanity finding, Burks will be under the jurisdiction of the court for 13 years, which is the maximum time she faced in prison had she been found guilty of the felonious assault charge.