Posted on 10/30/2006 10:32:50 AM PST by presidio9
An avid Dungeons & Dragons player "became his fantasy" when he slashed his co-worker to death with a homemade sword in October 2004, his attorney said Wednesday.
Defense attorney David Roby said his client, James Flemons, was in the throes of a schizophrenic episode on Oct. 27, 2004, and believed he was a ninja killing a foe when he attacked and killed his 43-year-old co-worker Anthony Williams.
"He became his fantasy," Roby said. "He was a ninja doing an honorable thing with a person he perceived to be his confederate who he had a beef with."
Roby contends Flemons, 32, suffers from schizophrenia and should be found not guilty by reason of insanity for killing Williams with a 38-inch sword he fashioned at the Peerless Metal Powders & Abrasive plant, where the two men worked.
Deputy Prosecutor Kam Towns told the jury she agrees that Flemons had a problem with Williams.
But she believes Flemons' actions were not based on fantasy. Towns said Flemons was instead acting out his "own grudge and own anger" against Williams and his other co-workers who he thought were bullying him over his obsession with fantasy-based games, his black nail polish and other eccentricities.
The prosecutor said Flemons believed Williams was throwing shards of metal at him and calling him names when he decided to take out his anger out on Williams as revenge.
She told that jury Flemons' anger was put into action when he attacked Williams and "chopped and chopped and chopped until he almost cut off his head."
Towns told the jury they would hear during the trial that this was not the first time Flemons responded to conflict by raising a sword.
Before the trial began, Wayne County Circuit Court Judge Annette Berry ru led that prosecutors can tell the jury about Flemons' prior conviction for felonious assault.
In 1998, Flemons was convicted of attacking his uncle and a police officer with a samurai sword. He was sentenced to two years' probation.
The prosecutor said Flemons' actions after Williams' killing showed he knew he had committed a crime.
"He waits for the police to come because he knows what he did was wrong," Towns said. "He positioned him like Jesus on the cross to apologize because he knew what he did was wrong."
She said Flemons gave himself up to police and also gave a voluntary statement in which he said he killed Williams out of revenge for being bullied.
Although there is little doubt that Flemons is mentally ill, Towns said, his illness fails to meet the definition of legally insane.
In Michigan, a person is deemed legally insane if, as a result of mental illness, he fails to appreciate the wrongfulness or criminal nature of his actions.
Roby, however, said Flemons' attack was an extension of his fixation on things "like Dungeon & Dragons and board games and fantasy things, video games and an obsession with swords," Roby said.
Flemons was interested in mystical pursuits such as Santeria and voodoo, Roby said, and those interests sent him into a "gradual decline into his own private hell."
If Flemons is found guilty of first-degree murder, he will automatically be sentenced to life in prison without parole. A verdict of guilty but mentally ill, however, would mean a life sentence in the prison psychiatric ward.
If the jury returns a verdict of not guilty by reason of insanity, Flemons would be sent to the state's mental health facility, where the doctors would maintain sole discretion over his fate. They could opt to release him at some point if they consider him well.
The jury also has the option of finding Flemons guilty of second-degree murder, which would require the judge to sentence him.
Before the openings began, Towns argued s uccessfully to the judge that Flemons was trying to make the jury believe he was insane by displaying on his shirt a hand-drawn picture of an eye in the center of a triangle.
Judge Annette Berry ordered her deputy to confiscate the picture. As he did so, the deputy also removed other such pictures from Flemons' pockets and socks.
If he'd had a Vorpal Sword, the head would have come off in one hit.
Failed his "Move Silent" and "Hide in Shadows" roll when the town guards came to investigate the noise, huh?
I just time-warped to 1983.
Blackrazor, what say you?
That was my first thought. [/geek]
Natural 20. No saving throw.
Problem was the guy was claiming he was a Paladin Level 7 and he was actually only level 5. deserved everything he got!
What a loooooooser!
Had to have the Oriental Adventures book for the Ninja class. Of course, Ninjas were Lawful Evil only I believe, so he is screwed if he says he was only doing something "good".
Someone tried this with me at work a few months ago, but luckily I was wearing my Ring of Invincibility.
Homemade swords don't kill people. 32 year-old virgins with homemade swords do.
As you can see, it has a devastating sneak attack...
This D and D man will gladly kill this sword swinging mofo.
His shite head lawyer is gratis.
Life imitates art.
Oriental Adventures added ninjas along with several other monster and classes.
I'd ask Wave and Whelm first...(so sad I know that...)
Bah! Only have the PH for 3.5, have to find this "Complete Adventurer" you speak of.
I wonder if it was a +2 Sword of Office Vengeance?
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