Families of Smithsburg shooting told defendant will be sent to mental hospital, not prison
The families who lost loved ones in the June mass shooting at Columbia Machine near Smithsburg were recently informed by the prosecuting team that the defendant won't get prison time.
Prosecutors told the victims' families, survivors and others that Joe Louis Esquivel will be deemed not criminally responsible for his alleged actions on June 9, according to three family members and relatives who attended the April 5 meeting.
That means Esquivel would not go to state prison.
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Instead, family members were told Esquivel, 24, of Hedgesville, W.Va., will be sent to Clifton T. Perkins Hospital Center, a maximum-security forensic psychiatric hospital in Howard County for mental-health treatment. And they were told that if one day Esquivel is found to no longer to be a danger to himself or others, he could be released without serving time in state prison.
Esquivel's hearing is May 2 in Washington County Circuit Court.
What charges does Esquivel face in the mass shooting near Smithsburg, MD?
Esquivel faces 34 charges in the mass shooting at Columbia Machine off Bikle Road and the ensuing shootout with police after he fled in his car. The charges include three counts of first-degree murder and three counts of attempted first-degree murder. The maximum penalty for one count of first-degree murder alone is life without the possibility of parole.
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Mark Alan Frey, 50, of Waynesboro, Pa.; Charles "C.J." Edward Minnick Jr., 31, of Smithsburg; and Joshua "Josh" Robert Wallace, 30, of the Hagerstown area, were killed at work. Also shot was Columbia Machine co-worker Brandon Chase Michael, then 42, and — during the shootout — Maryland State Police Detective Sgt. Phil Martin.
The third attempted murder charge is for trying to kill state police Lt. Vincent Upole, commander of the Rockville, Md., state police barrack.
Esquivel was being held Wednesday at the Washington County Detention Center. He has been held without bond since he was apprehended. However, the case judge signed off on Esquivel being transported to Perkins or another facility for evaluations to determine if he was competent to stand trial and whether he was not criminally responsible for the alleged crimes.
What does 'not criminally responsible' mean?
The point of being found not criminally responsible by reason of insanity is that a defendant, because of their mental illness, cannot appreciate the consequences of their actions at the time they committed the crime, said University of Baltimore School of Law Professor David Jaros.
The state is obligated to provide mental health care with at least the goal of helping the person so they could be released if deemed no longer a threat to themselves or others, said Jaros, who is not familiar with Esquivel's case nor privy to his mental health evaluation.
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"I would not begrudge anyone treatment for a mental illness," said Tammy Roberts, Josh Wallace's mom. "However, I have a dead son. There has to be some accountability."
The Washington County State's Attorney, the judge overseeing the case and the public defender's legal team had no comment.
Esquivel's family could not be reached for comment.
This article originally appeared on The Herald-Mail: Smithsburg mass shooting: Joe Louis Esquivel to avoid prison, families say
