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Florida man accused of killing random couple, chewing on victim's face found not guilty by reason of insanity
US Published November 28, 2022 1:30pm EST
Florida man accused of killing random couple, chewing on victim's face found not guilty by reason of insanity
Austin Harrouff, 25, will be committed to a mental health facility
Danielle WallaceBy Danielle Wallace | Fox News
The Florida man accused of randomly killing a couple in their garage six years ago — and gnawing on one of the victims’ faces afterward — was found not guilty by reason of insanity on Monday and will be committed to a mental health facility.
Austin Harrouff, 25, pleaded not guilty by reason of insanity to two counts of first-degree murder and other charges for the 2016 slayings of John Stevens, 59, and his wife, Michelle Mishcon Stevens, 53.
He also seriously injured a neighbor who tried to help them, prosecutors said.
A judge accepted the plea deal Monday. Harrouff, who attended Florida State University before the attack, will be committed to a secure mental health facility until doctors and a judge agree that he is no longer dangerous.
If the trial had gone forward, Harrouff could have faced life in prison.
Police reportedly found Harrouff, who was 19 at the time, nearly naked and biting John Stevens’ face, WPLG reported. He did not know his victims and reportedly claimed he believed he was being chased by a demon.
In a 38-page mental health report released by the Martin County State Attorney's Office in 2019, forensic psychologist Dr. Phillip Resnick concluded that Harrouff believed he was "half-dog, half-man" during the attack.
Investigators discovered Harrouff bought hallucinogenic mushrooms several days before the attack, but authorities said no traces of the drug were found in his blood that night.
Several family members of the slain couple expressed anger at the decision and made victim impact statements.
Cindy Mishcon, the sister of Michelle Mishcon and an attorney, laid out a methodical case of why she does not believe that Harrouff was insane when the killings occurred.
"You can’t even look at me?" she asked Harrouff, who was sitting at the defense table, wearing a red and white striped prison uniform and glasses. She said that she had begun writing her victim impact statement when she was "naive enough" to think there would be justice.
Cindy Mishcon said that reality set in for her as she listened to tapes of Harrouff's jailhouse phone calls with family members and the reading of pages of text messages in the year prior to the killings, which were part of the court record. The text messages with his friends outlined the life of a student who was smoking marijuana, taking other drugs, and abusing alcohol during the year before killing the couple.
She said she realized "you don’t care about anyone but yourself," and that "the only victim you and your family see is you, and the Harrouff name."
"Is it really so hard for you to understand that you are a cold-blooded murderer and not a victim," she asked. Other family members echoed her sentiments.
The agreement between the defense and prosecution avoided a trial that had been scheduled to start Monday before Circuit Judge Sherwood Bauer and had been expected to last three weeks.
The judge said Harrouff will remain in the Martin County Jail until he is taken to a secure mental health facility monitored by the Florida Department of Children and Families. Bauer said he will not be allowed to leave the facility without a court order.
Two mental health experts, one hired by the defense and another by prosecutors, examined Harrouff and found he suffered an acute psychotic episode during the attack, and could not distinguish between right and wrong. The trial had been delayed by the COVID-19 pandemic, legal wrangling and Harrouff's recovery from critical injuries suffered while drinking a chemical during the attack.
Defendants are presumed sane under Florida law, meaning that Harrouff must show he had a severe mental breakdown that prevented him from understanding actions or that they were even wrong by "clear and convincing" evidence.
Craig Trocino, a University of Miami law professor, said that finding Harrouff not guilty by reason of insanity would effectively be a life sentence because "it’s highly unlikely" that they would risk releasing a killer as notorious as Harrouff.
Harrouff’s parents and others said he had acted strangely for weeks. His parents said they had set up an appointment for him to be evaluated, but the attack occurred first.