VA Medical Center shooting suspect will use insanity defense

5/28/2014

Dayton Veteran Affairs Medical Center shooting suspect Neil R. Moore will rely on an insanity defense when his case goes to trial, according to U.S. District Court documents.

Moore, 59, plans to introduce expert testimony at trial relating to a “mental disease or defect or any other mental condition,” said a filing by his attorneys, Frank Malocu and Brian Muenchenbach.

Moore, of Trotwood, will be in Dayton’s federal court Thursday in front of U.S. District Court Judge Thomas Rose for a hearing on the defense’s motion for a psychiatric examination. In the motion, Moore’s attorneys wrote that Moore “has a lengthy history of mental illness, including Schizophrenia and Post Traumatic Stress Disorder.”

The document said Moore was receiving mental health treatment and medications, and that Moore was honorably discharged after four years in the United States Marine Corps due to his illness. The motion said Moore has been without his medicine for a year and his family believes he has episodes of hallucinations.

Moore has been incarcerated without bond since he was arrested May 5 after allegedly shooting a former co-worker at the VA Medical Center, where Moore worked for 27 years.

Court documents indicated that Moore walked into the VA and pointed a loaded .38 caliber revolver at a group of employees playing cards and said: “Don’t mess with my family.” Moore thought employees were having inappropriate relations with his wife and daughter, both of whom have worked at the VA Center, according to the documents.

Moore’s intent was “to hold the ex-co-workers at gun point while he punched them with his right hand,” according to court documents. Moore allegedly shot former co-worker Paul Burnside, 61, in his leg. Burnside is now recovering.

Moore has been charged with assault with a deadly weapon and use of a deadly weapon during the commission of a crime of violence. He faces maximum penalties of life in prison and a $250,000 fine.

Earlier, a federal magistrate judge ruled Moore must remain incarcerated until his trial, citing Moore’s mental health issues and the nature of the alleged crime as reasons he should be detained.