FARMINGTON — The criminal case against a young man accused of fatally shooting his father during a duck hunting trip has been resolved after a judge ruled that the man is too mentally ill to be held criminally responsible for what happened.
In what was characterized as a rare legal outcome, Benjamin Joseph Gully, 21, was declared not guilty by reason of insanity of first-degree felony murder in connection with the 2004 shooting death of his father, James Gully, 61.
Second District Judge Michael Allphin referred to doctors' reports and also noted that prosecutors and defense attorneys all agreed that Gully was mentally ill at the time of the incident. Allphin also declared that, based on the evidence presented to the court, Gully still is mentally ill and because of that is a danger to himself and others. Allphin committed Gully to the Utah State Hospital for treatment. Gully has been at the hospital for some time while his case was pending.
Prosecutor Rick Westmoreland said that if the case had gone to jury trial, it was quite likely that a jury would have come to the same conclusion. Westmoreland said Gully's family all agreed that this is the best resolution for the case.
A subdued-looking Gully was dressed in jeans and a dark green sweater as he entered the courtroom, having been transported from the hospital. He greeted the judge politely but spoke in a flat, rather emotionless voice. He agreed he needed help, signed a document waiving his right to a trial and accepted the judge's decision for hospitalization.
Outside the courtroom, Gully's mother, Mary Gully, said she was "thrilled" with the outcome and was relieved that her son will continue to get the treatment he needs for what she described as "schizo affective disorder," a combination of schizophrenia and bipolar disorder.
Gully had had two psychotic episodes, in 2003 and 2004 respectively, according to his mother. When she sees him at the hospital now, she can tell that the medications prescribed for him are making a positive difference. "He is feeling better, he is sounding better, he is relating better to people," she said.
The sentence was appropriate because keeping Gully in the hospital also means he will be in a safe environment. "He did not intend to shoot his dad," she said. "He understands now (what he did) and he has a lot of remorse. He misses his father terribly."
She said Gully will need treatment not only for his mental illness, but also to help him work through his grief.
He was not taking any medication when he shot his father in the face with a shotgun while they were duck hunting near Farmington Bay, according to defense attorney Fred Metos. At that time, Gully was suffering from auditory and visual hallucinations and was "totally delusional."
"He was functioning in a different reality. It is hard to explain, and when you try to make sense of it, you can't," Metos said. The delusions, Metos added, were so "controlling," it was impossibly for Gully to have formed any intent to kill his father.
Metos said the hospital must provide status reports on Gully to the court every six months. If Gully ever is cured of his mental illness or is not a danger to himself or others, a judge can then schedule a hearing in which Gully has a chance to prove those two things. If he can, then it would be up to a judge's discretion to release him.
E-mail: lindat@desnews.com