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State seeks mental exam in weapons case

Pantagraph (Bloomington, IL) - 10/31/2014

Oct. 31--BLOOMINGTON -- In a rare switch of courtroom maneuvers, a prosecutor asked Thursday that a man with a history of mental illness be evaluated by a psychiatrist before the start of his bench trial on felony weapons charges.

Assistant State's Attorney Jessica Woods asked that Bailey Pontius be evaluated before a judge heard evidence that the 18-year-old allegedly stole his mother's handgun and left home with the intent to shoot someone -- possibly a police officer.

Defense lawyer Ron Lewis opposed the state's request for an evaluation for Pontius. The defendant has a history of autism, schizophrenia and other behavioral health ailments, according to court testimony from the defendant's mother.

"Mental health is clearly an issue in this case. He didn't all of a sudden become mentally ill when he hit the emergency room door," Woods argued to Judge Scott Drazewski.

Lewis said that Pontius' mental health will be a significant factor in the trial but the defense is not asserting an insanity defense. Such a claim is required for an evaluation, he said.

The defense lawyer is asking that Pontius' statements taken at the hospital after he surrendered to police be barred from consideration because the suspect did not understand his constitutional right to remain silent.

Drazewski denied the state's motion for mental health testing.

Pontius is charged with attempted aggravated discharge of a gun, aggravated unlawful use of a weapon and possession of a stolen without a firearm owner's identification card.

Bloomington Police Officer Scott Wold testified that he knew of Pontius' mental health issues based on information from the suspect's mother, who reported him missing from home around 8 p.m.

When he responded to a report of a suspicious man west of the city, Wold reportedly saw a man matching Pontius' description, holding and loading a handgun.

"I saw him inserting a magazine into a handgun and racking the slide. I automatically prepared to be shot at," said Wold.

After about an hourlong standoff with more than 15 law enforcement officers, Pontius compiled with Wold's order to drop the gun and surrender, said Wold.

The suspect's mother, Angela Fritch, testified that she panicked when she realized her son was gone and later discovered her gun was missing from a safe. She found a bullet hole in her dining room that night, she said.

To protect herself from her son's potential violence, Fitch said she routinely carried a knife with her.

While Pontius is intelligent he has trouble understanding concepts and lacks social skills, said Fitch, adding that her son "is frozen as an 11-year-old" when it come to certain skills.

The bench trial will continue Monday.

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