Man accused in Midtown Fort Collins shooting pleads not guilty by reason of insanity
The man accused of fatally shooting another man outside the Midtown Fort Collins McDonald's in July 2021 pleaded not guilty by reason of insanity to all charges Monday.
Christopher J. Johnson, 39, of Fort Collins, was fatally shot near the drive-thru of the McDonald’s in the vicinity of College Avenue and Drake Road on the morning of July 19, 2021.
Using surveillance footage from the McDonald's, police identified the suspect as Victor Corwin, now 30, and arrested him the next day. He faces six charges in the case: first-degree murder, a Class 1 felony; identity theft, a Class 4 felony; possession of a weapon by a previous offender, a Class 6 felony; criminal possession of financial devices, a Class 6 felony; motor vehicle theft, a Class 6 felony; and petty theft.
Corwin pleaded not guilty by reason of insanity to all charges Monday, which means Corwin and his defense are claiming mental deficiencies at the time of the alleged crime prevented Corwin from knowing right from wrong, 8th Judicial District Judge Gregory Lammons advised Corwin during Monday's court hearing.
If a person is found not guilty by reason of insanity, Lammons said they are committed to the custody of the Colorado Department of Human Services, which chooses which state facility the person goes to for inpatient treatment. If doctors determine a person's sanity is restored, it's possible a person could be released back into the community if prosecutors don't challenge that determination.
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Not guilty by reason of insanity is different from legal competency. Legal competency means someone is mentally competent to understand and assist in their own defense while the criminal case is proceeding, whereas the defense of not guilty by reason of insanity claims they were mentally incapacitated at the time of the alleged crime.
Corwin's case was delayed several months as he underwent legal competency evaluations and treatment, but he was found competent to proceed in September.
Prosecutors argued during an evidence hearing in November that video from the scene and statements made by Corwin implicate him in the fatal shooting.
Prosecutors played surveillance video from the McDonald's showing a person investigators believe to be Corwin interacting with Johnson multiple times across the span of seven minutes before fatally shooting him.
After Corwin's arrest, he allegedly made statements implicating himself in Johnson's killing to police, according to testimony and video of the interview played during November's evidence hearing. In that interview, Corwin also made statements that didn't make sense, including that he tried to arrest Johnson because he was a wanted international terrorist and that when Johnson wouldn't come with him willingly, he had to "execute" him, Fort Collins Police Services Detective Dollie Knab testified.
Corwin will undergo a sanity evaluation — either at the Larimer County Jail, where he is being held without bond, or at the Colorado State Mental Health Hospital in Pueblo — before the case goes to trial, Lammons said Monday. It's possible Corwin will need to go to the state hospital for the evaluation because state statute requires evaluations to be audio- and video-recorded in cases involving a Class 1 felony — something the jail may not be able to accommodate, Lammons said.
Eighth Judicial District Attorney Gordon McLaughlin said he believes sanity evaluations take "an incredibly long time" due to backups at the state hospital, and defense attorney Benjamin Iddings told Lammons he expected it would take about six months to get a completed sanity evaluation from the state.
Corwin is next scheduled to appear in court for an update on the sanity evaluation Jan. 17. A 12-day trial has been tentatively scheduled to begin Sept. 13.
All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
This article originally appeared on Fort Collins Coloradoan: Man accused in Fort Collins McDonald's shooting uses insanity defense
