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1 8 - 1 2 - 2 0 0 4 Murder defendant from Dalton sent to psychiatric hospital
By Adam Gorlick
WESTFIELD -- The Westfield State College student charged with murdering his high school friend has been suicidal and was sent to a state psychiatric hospital, his lawyer said yesterday.
Bryan Johnston, who is from Dalton, is charged with shooting [ErGs] 22-year-old University of Massachusetts senior David Sullivan, whose body was discovered last week in his off-campus apartment in Amherst. Sullivan was from the town of Washington. The two men were friends and classmates at Wahconah Regional High School in Dalton, where they graduated in 2000.
Johnston, 23, was found competent to stand trial following a court-ordered examination last week. But he was committed to Bridgewater State Hospital on Friday because he was "potentially suicidal," said his lawyer, Alexander Nappan. Nappan wouldn't say if his client attempted suicide or threatened to kill himself. "You can infer that he at least was thinking about taking his life," Nappan said.
Johnston was scheduled to be arraigned yesterday in Westfield District Court on two separate charges -- assault and battery on a police officer and carrying a firearm while intoxicated. It was not immediately known when the hearing would be held or how long he would be at Bridgewater.
The assault charge stems from an incident on Dec. 7, several hours after he allegedly shot Sullivan, but before he had been identified as a suspect in the killing.
Johnston's parents called Westfield police to report that their son had been acting erratically. Authorities have said Johnston called his parents around 4 a.m., a few hours after Sullivan was killed, and said he shot someone.
When officers showed up at Johnston's apartment around 9:30 a.m. with an order to commit him to a local psychiatric ward for evaluation, he allegedly took a swing at one of them. Before trying to hit the officer, Johnston said to his mother, who was there, "Wanna see something? Watch this," according to a police report filed by Sgt. Raymond Manos.
Police took Johnston to Noble Hospital in Westfield.
Police Lt. Michael McCabe said Johnston's father gave police a gun his son kept in the apartment -- a Smith & Wesson .38 Special. "His dad was trying to prevent him from harming himself," McCabe said.
A few hours later, McCabe said, Amherst police called him and said they were seeking Johnston as a suspect in Sullivan's murder. He was arraigned on murder charges at the hospital the next day.
Prosecutors have said Johnston was suffering from steroid withdrawal at the time of his arrest, but they have not said the steroids played a role in the slaying. Johnston's lawyers said the drugs had no impact on his mental state, but medical experts say steroid use and withdrawal can lead to erratic and violent behavior.
The weapons charge is from an unrelated incident last month, when Johnston was seen showing a Glock .45-caliber handgun to patrons in a Westfield bar. Johnston had a permit to carry the weapon, but his license was revoked after the incident.
According to court records, Johnston was charged two years ago with assaulting a UMass police officer during a concert on campus. The report says Johnston ripped the officer's radio earpiece from his ear, then told the officer "it was only a joke." The charges were dropped after prosecutors determined there was not enough evidence.
Sullivan was expected to graduate from UMass this month. Johnston attended the University of Hawaii but later transferred to Westfield State, where he made dean's list last semester as a criminal justice major.
Sullivan's body was found in the bedroom of his Amherst apartment shortly after midnight on Dec. 7. Prosecutors say Johnston shot him with a .223-caliber rifle he owned. A police report says Johnston had called Sullivan to go out earlier that night, but Sullivan said no. The two had gotten into a fight earlier, but the report did not say what they had fought over.
3 1 - 0 1 - 2 0 0 6 UMass murder trial delayed at request of prosecutors
By Katie Huston The trial of a man charged with killing a University of Massachusetts student over a year ago has been continued to March at the request of the prosecution in the case.
Bryan R. Johnston, 24, of Westfield, shot and killed UMass student David E. Sullivan, then 22, on Dec. 7, 2004, police say. Johnston faces charges of murder, armed burglary, possession of a large-capacity firearm and use of a firearm in the commission of a felony. According to investigators, Johnston, who was attending Westfield State College at the time of the shooting, called Sullivan to hang out. After Sullivan refused, police believe that Johnston drove to Sullivan's apartment, where he entered unannounced at 12:20 a.m. and shot Sullivan six times in his bedroom. Stephen Kubicki, Sullivan's roommate and a UMass student who was home when the shooting occurred, called 911. Upon their arrival minutes later, police found Sullivan lying in a pool of blood. He was pronounced dead at the scene. The two men, childhood friends, grew up together in the Berkshires. They graduated together from Waconah Regional High School in Dalton in 2000. The trial, originally scheduled for January, has been continued to March 20 at the prosecution's request because of a delay in the defense's provision of discovery materials to the state. The materials, including the results of psychiatric examinations, were needed for Dr. Michael Welner, the Commonwealth expert who will examine Johnston, to proceed. Additionally, a key witness, Gareth Mello, is currently serving in the U.S. military in Iraq. Shortly after the shooting, Johnston called Mello to drive him home from the parking lot of the Aqua Vitae restaurant in Hadley after being detained for a short time in a police car. The two men worked together as security guards in Baystate Medical Center in Springfield. According to Northwestern District Attorney Renee Steese, Mello's testimony could be crucial to both sides. Steese told Hampshire Superior Court Judge Mary-Lou Rup that she had contacted the military about having Mello sent home so he could be present at the trial. Johnston has admitted to shooting Sullivan several times. His lawyer, Alexander Z. Nappan, is expected to argue that Johnston is not criminally responsible. Nappan claims Johnston was addicted to steroids and going through withdrawal at the time of the killing. |
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