The man accused of beating and stabbing a Waco resident to death in January had at least six criminal cases against him dismissed in the past 10 years after psychiatrists determined he was not sane at the time of the offenses or was not competent to stand trial.

Two doctors indicated in court records that Marcus Jerome Landrum, 30, was considered to be a danger to himself and others in 2003.

And about one month before the death of 70-year-old Santiago “James” Gonzalez, Landrum had a charge of harassing a public servant dismissed after a Falls County judge found he “received mental heath services and (was) back on medications.”

Marcus Jerome Landrum, 30, is accused of beating and stabbing a Waco man to death in January.

Landrum has a lengthy history of mental instability and of discontinuing his medications, according to court records.

Past diagnoses by medical professionals include catatonic schizophrenia and psychosis, and his symptoms have been described in court documents as ranging from auditory and visual hallucinations to disorganized speech.

The documents detailing Landrum’s mental health evaluations are considered public record because they were included as evidence in a competency hearing.

The defense team representing Landrum in the Gonzalez slaying case is evaluating the mental health history of its client.

Russell Hunt Sr., an attorney appointed to represent Landrum, said last week he and attorney Walter “Skip” Reaves are examining whether competency or sanity will be issues in the case.

Gonzalez was discovered Jan. 25 dead in his apartment home with 11 stab wounds and 15 incisions. His small dog was impaled on an ornamental sword, according to an autopsy report obtained by the Tribune-Herald .

DNA evidence found at the scene of the crime, as well as in the victim’s vehicle, led police to Landrum, according to arrest warrant affidavits.

“He was . . . carrying on an imaginary conversation and spoke, ‘Hi girl, how ya doin’?’ when he was looking (at) the door where no one was,” wrote Dr. Lance Oberg in a report Nov. 18, 2003. “When asked why he had leg shackles on, he said the shackles were strong and they were there to give him strength.”

Previous convictions

Landrum has previous convictions of possession of marijuana, burglary of a building and resisting arrest.

But McLennan County and Falls County court documents reveal numerous other cases were eventually dismissed after it was determined by health care professionals that he was not sane at the time of the offense or incompetent to stand trial.

A 2001 evading arrest charge eventually was dismissed after a McLennan County court-appointed psychiatrist determined he was “not sane at the time of offense.”

In Falls County, at least five cases since 2003 — including charges of failure to identify, burglary of a coin-operated machine, evading arrest, possession of marijuana and resisting arrest — were dismissed once it was determined Landrum was legally incompetent to stand trial or insane at the time of the offense.

A 2002 charge of burglary of a habitation, meanwhile, resulted in at least one psychiatric commitment and eventually prison, according to court documents.

Landrum originally pleaded guilty to the charge in exchange for probation, which included a condition requiring him to receive care at a Substance Abuse Felony Punishment Facility.

The facility provides services to offenders identified as needing substance abuse treatment, according to the Texas Department of Criminal Justice website.

During his time at the substance abuse facility, Landrum was referred for psychiatric care at least twice, according to court documents.

Doctors diagnosed him with catatonic schizophrenia after what was described as “psychotic behavior.”

“Since his arrival, he had experienced psychiatric difficulty that has prevented him in benefiting from the therapeutic community,” wrote SAFPF release coordinator Barbara White in a letter on March 13, 2003, requesting that Landrum receive a psychiatric discharge and be returned to Falls County. “Numerous attempts to stabilize him psychiatrically and return him to treatment have failed.”

Landrum was permitted release on continued probation, with the stipulations that he comply with counseling and medication requirements, according to records. But by November 2003, his supervision officer requested that his probation be revoked following a number of violations.

In reports submitted to the court for a competency hearing, Dr. Stephen Mark and Oberg diagnosed Landrum as suffering from psychosis. Both indicated they think he may be a danger to himself and others.

The jury found Landrum incompetent and sent him for treatment at Vernon State Hospital, according to court documents.

Several months later, he was also sent to Angel Gardens Living Center in Riesel, a group living facility for MHMR patients, before he eventually was sentenced to a maximum of five years in prison. He served about four years before his release, according to state records.

Documentation was not available on other cases that may have been rejected by district attorneys’ offices before they reached the prosecutorial level.

In an interview this week, Mark declined comment about Landrum’s case but spoke generally about when declaring a person a danger to himself or others.

A patient can be considered dangerous at a certain point in time, but not be considered dangerous later with proper and consistent treatment, he said.

But without medication and counseling, a patient can deteriorate, Mark said.

Falls County District Attorney Jody Gilliam declined comment regarding the cases in her jurisdiction, citing the pending case in McLennan County.

Numerous other officials also declined to comment specifically on the Landrum case, but noted in interviews that addressing criminal cases of defendants with mental health problems is a complex issue.

“It has become an increasing problem in the criminal justice system. Mental health problems are more and more prevalent, and always difficult to deal with,” said attorney Rob Swanton, who has experience in such cases.

“One of the by-products of (mental illness) is often brushes with the law. There tends to be a vicious cycle of the mental illness causing (problems) with the law, and that results with them being incarcerated. . . . One of the biggest problems I see is that often times people get off their medications when they are incarcerated in a county jail.

“Once they’re off, it’s difficult to get them back on.”

It isn’t necessarily unusual that misdemeanor cases are dismissed, either, if the defendant is found to be insane at the time of the crime, he said.

It’s common for mentally ill patients to stop their medication, Mark said. Patients sometimes feel better and think they no longer need it, or there may be unpleasant side effects, among other factors, he said.

“It boils down to whether someone is going to be monitored for life,” Mark said. “That’s the issue and it’s up to the legislature to do something about it.”

Mark also thinks recidivism rates for such patients have increased in the last 15 years, which he said may be partially attributed to funding cuts for mental health care.

Increasing caseload

District Judge Ralph Strother said Thursday he’s noticed a marked increase in the last year of the number of defendants who suffer from mental health issues.

The law regarding defendants with mental health concerns can be difficult to navigate, he said.

“Your greatest fear is that, while this person with a mental health history may not have a history of violence or appear to be dangerous, that if (they are) put back on the streets or in a less restrictive environment, then next time, they (may) be violent and hurt themselves or hurt someone else,” he said. “That’s the prosecutors’ and judge’s biggest concern.”

McLennan County District Attorney Abel Reyna also did not comment specifically about the Landrum case because of the ongoing investigation. But he said tough decisions sometimes must be made in cases involving individuals who repeatedly discontinue medication. Factors involved in those decisions include the seriousness of the alleged crimes, he said.  

In any court, a determination about the treatment of a mentally unstable defendant largely is made on a case-by-case basis, Reyna said.

Courts’ options also are often limited depending on resources and program availability, he said. 

kcrow@wacotrib.com

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