Eugene Woodland, charged with killing a Sandy man, will not be forced to take medication that prosecutors and doctors say will make him competent to stand trial.
A review board at the Utah State Hospital determined Thursday that Woodland - also known as Captain Nemo - is not a danger to himself or others at the hospital and should not be forcibly medicated against his will."He's been there for almost a year and hasn't harmed anyone," said attorney Mary Rudolph, who represented Woodland on the forced-medication issue. "He's, of course, thrilled by the outcome."
But prosecutors aren't as excited about the decision and fear that without medication, Woodland might not ever stand trial for the shooting death of Bruce Larson, 40, that occurred on March 28, 1990.
"At this point in time I would doubt whether he can reach a point to stand trial without medication," said Chief Deputy Bud Ellett of the Salt Lake County attorney's office.
Hospital officials, too, are uncomfortable about simply warehousing him and not treating him.
"We feel like we're in limbo," said public relations director Janina Chilton. "We can't treat him, yet we feel we may get rapped on the knuckles if we don't do anything."
Woodland was arrested at a construction site at 4050 S. 900 East, where he had once planned to open Captain Nemo's Dinner Theater Atlantis and Fitness Center. Witnesses said Woodland walked up to Larson and demanded to know what he was doing with the building.
Woodland then shot Larson five times, court documents state. He was subsequently charged with second-degree murder.
In December, then-3rd District Judge Leonard Russon ruled that Woodland was mentally ill and incompetent to stand trial. The judge also authorized the Utah State Hospital to administer medication as part of a treatment program.
Woodland strongly objected to the "chemical lobotomy" and fought the decision. "I can think of nothing more invasive as far as government interfering with the people . . . than altering the chemical makeup of the brain," said defense attorney James Bradshaw.
Three months later, 3rd District Judge Anne Stirba vacated Russon's opinion and said the criminal code does not address forced medication. During a July hearing, she ruled that the hospital must develop a procedure to deal with forced medication that would provide Woodland with his due process rights. To fulfill legal guidelines, the administrative board needed to determine if treatment was in his best interest and if he posed a danger.
Besides finding that Woodland did not pose a danger, Rudolph said a doctor also testified before the board that he didn't know if the medication would actually make him competent to stand trial. "There's a good chance it wouldn't make any difference," Rudolph said.
The Woodland saga, however, is far from over, said Chilton. Doctors at the hospital can appeal the board's decision. Woodland will also undergo additional psychological evaluations and will appear in court every six months to see if he's competent to stand trial.