Self-defense weighed in ’04 shooting death

...ba href=/bipolar disorder/a/b, believed he was acting in self-defense when he shot Konkle and that his client was insane at the moment he fired the shotgun.

Deputy Prosecutors Patricia Pikel and Elizabeth Toole are arguing that Smith retrieved the shotgun from his truck parked on the street with the intention of killing Konkle.

During the first day, jurors heard testimony from two women who lived with Smith at the time of the shooting.

One witnessed the shooting, and the other dialed 911 after hearing the shots.

Another witness, Anthawn L.

King, also testified Wednesday.

King had been with friends and was walking home when he heard the gunshots.

He approached the scene immediately after the shooting and testified that Smith was in the middle of the street “acting crazy.” King also testified that Smith repeatedly said, “I got him.

I finally got the (expletive).” Fumarolo questioned King about his criminal history, which includes a misdemeanor conviction for false informing.

King also admitted lying to police about his identity when they interviewed him after the shooting because there was a warrant for his arrest.

Smith was charged in Konkle’s death immediately afterward, but he was eventually committed to Logansport State Hospital because doctors determined he was not competent to stand trial.

This year, a doctor from the hospital alerted court officials that Smith’s status had changed and he had since become competent to stand trial.

Two doctors who ev...

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Medicaid may shut out some with disabilities

...ba href=/bipolar disorder/a/b.

She lives with her community-based services worker, Diedre Littlejohn, in an assisted family living home in Rutherfordton.

Her mother, Laura Staton of Columbus, says Sara can’t come home to live because she has rages that endanger her 6-year-old sister, Elizabeth.

When she visits on alternate weekends, another worker stays with the family to help.

Without that worker, Laura Staton says, she could not control Sara.“I don’t want to leave Diedre at all,” Sara Staton says.

“I don’t want to go into another group home.

I don’t want to get mad, either because I don’t want to hurt Elizabeth.”The new Medicaid rules — actually definitions of what services Medicaid will cover for people with mental illness, developmental disabilities or substance abuse problems — were approved by the federal government at the end of December and must take effect before the end of this month.

But with only a few days to go before implementation, schools and service providers still have questions about what will happen.The quick turnaround has many advocates worried.

People who receive services heard only last week what will happen on Monday.“I’ve had calls from a lot of people who want to know what will happen come March 20, what services they will or won’t have,” said N.C.

Sen.

Martin Nesbitt, D-Buncombe, co-chair of the Legislative Oversight Committee for Mental Health.

“The communication here has been terrible.”During the federal review of the rules, the one-on-one community-based se...

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