Lawyer intends to pursue psychiatric defense at Adam Theall's trial.
Adam Theall, who police say shot and killed his 3-month-old son, appears today in Oneida County Court in Utica. A trial date has been set for November 29th. Utica, NY -- The lawyer representing an Oneida County man who police say shot his 3-month-old son in front of state police has requested a psychiatric evaluation before his trial, scheduled for Nov. 29.
Adam Theall, 21, of Blossvale, pleaded not guilty to second-degree murder in late July, about a month after state police were summoned to the town of Vienna home of Theall's mother June 22 for a domestic dispute.
When the first trooper arrived, state police say Theall stepped out on the front porch with a long gun and shot his infant son, Eithen Theall. Troopers returned fire when Theall refused to drop the weapon.
At a Thursday court appearance, Theall showed no visible signs of the 14 to 16 wounds he suffered after refusing to surrender his weapon. His attorney, public defender Patrick Marthage, asked Oneida County Judge Michael Dwyer to order an exam to determine if he was competent to stand trial.
“I don’t believe he fully understands the charges,” Marthage said.
When Dwyer rejected the request, Marthage submitted paperwork to Oneida County District Attorney Scott McNamara notifying him that he intends to pursue a psychiatric defense at trial.
McNamara would not comment on the strength of the case against Theall, but said evidence discovery hearings have focused on a recording of a 911 phone call, hundreds of photographs taken at the scene and the child’s autopsy, and a 15-minute audio recording made by the first officer that responded to the scene that captures the incident.
The shotgun used by Theall is being analyzed for DNA and other evidence at the New York State Police crime laboratory, McNamara said.
Text and picture messages sent by Theall to the child’s mother, 17-year-old Jamie Baker, in the days leading up to the shooting have also been recovered, McNamara said.
The Baker family was in Oneida County Court Thursday for more than one appearance.
In an adjacent courtroom, the Rome man accused in the May 2 shooting death of 20-year-old Jadreck Baker, who was Eithen’s uncle, rejected a plea deal that would have put him behind bars for a minimum of 17 years.
Minutes later, the family was in Dwyer’s courtroom, awaiting Theall’s appearance while wearing t-shirts with Jadreck Baker’s photograph. As Theall exited, he looked in the direction of the family and appeared to quietly whisper a greeting. Jamie Baker, who was visibly upset in the courtroom, left in tears.
Theall will appear again in court Sept. 9.