McKinney ruled mentally unable to stand for trial
McKinney
Murphy – A local murder suspect with a long history of substance use and mental illness will effectively spend the rest of his life under involuntary commitment by the state of North Carolina.
A Superior Court judge dismissed a felony murder charge against 31-year-old Shane Donovan McKinney on Feb. 23 after several doctors determined he will never regain the mental capacity to proceed with trial. McKinney is accused of shooting and killing Johnny Mark Lowery on the evening of Sept. 7, 2018.
Lowery was waiting in a car outside his wife’s place of employment when he suffered six gunshot wounds. His widow previously told the Cherokee Scout she saw McKinney leaning in the car window talking with her husband, then heard Lowrey say either “Shane, no!” or “Shane, what are you doing?” prior to the gunshots.
The shooter fled the scene after the incident. Police arrested McKinney at his residence following a short standoff.
Before Judge William Coward ruled to dismiss the case, Dr. George Corvin, a forensic psychiatrist retained by defense counsel, testified that McKinney believes Lowery is still alive. The doctor said efforts to prove Lowery was dead only worsened the situation.
“[McKinney] believes he’s been incarcerated because he is famous,” Corvin said, “[He] thinks people want to steal his money and ideas.”
Moreover, McKinney at one point believed people in the jail were trying to kill him by poisoning his food. Corvin testified that McKinney refused to eat due to this belief and lost significant weight “to the point where it was a medical emergency.”
According to court documents, McKinney had been involuntarily committed on at least three occasions prior to the shooting – November 2012, September 2013 and January 2018. Doctors diagnosed him with schizoaffective disorder.
McKinney attempted suicide several times in the past, according to court documents, which say he isolates himself to reduce his irritability and reactivity toward others, who he believes are reading his mind. McKinney even expressed a desire to have a bench trial, rather than a trial by peers, because he believes a jury would be biased against him since they can read his thoughts.
Court documents say some of McKinney’s delusions remitted after 15 months of active treatment with a host of antipsychotic medications. Yet, while his attention improved and his thinking seemed clearer, “delusional thoughts continue to interfere with his reasoning about the evidence against him and his ability to receive a fair trial.”
“Hence, Mr. McKinney’s capacity to proceed to trial is considered unrestorable,” Dr. Nancy Laney of the N.C. Department of Health & Human Services wrote in a forensic evaluation report this past October.
According to state law, no person may be tried, convicted or punished for a crime when, by reason of mental illness, they are unable to understand the nature and purpose of court proceedings against them.
“He does not possess adequate comprehension of his position,” Corvin told the court, adding that McKinney lacks the ability to think in a rational manner without assistance from defense counsel. “It’s highly unlikely that he will ever regain capacity.”
If McKinney is ever released from civil commitment, the District Attorney’s Office must be notified, and prosecutors could possibly reinstate the murder charge.