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Insanity verdict for hit-and-run driver
Monday, September 08, 2008
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3 p.m.The man charged with critically injuring a Napa teen in a hit-and-run crash has been deemed by a Napa County judge to be not guilty by reason of insanity.

At his Monday court hearing, Armando Hurtado, 44, of St. Helena was ruled by Napa County Superior Court Judge Diane Price to be insane at the time he ran a red light at Pueblo and Jefferson streets and struck Jose Carlos Ortiz, 17, of Napa with his pickup as the boy rode his bicycle across the intersection on March 1.
Ortiz suffered major head injuries. He is being treated at a Bay Area long-term medical care facility, according to Napa County Chief Deputy District Attorney John Goold, who is prosecuting the case.

Hurtado, in custody on $260,000 bail since his arrest, is charged with two counts of felony leaving the scene of an accident with a special enhancement of causing great bodily  harm.
Price said Hurtado did not understand the nature of his acts and was not sane at the time of the accident, based on her review of reports from three different doctors.

Goold said the findings of two doctors who evaluated Hurtado agreed Hurtado was insane at the time of the accident.
“The third doctor said Mr. Hurtado suffered from mental illness, but was not sure of the legal standard at the time of the accident. The defendant was actively displaying psychotic symptoms immediately after the accident.”

Hurtado’s attorney Jim Jones said, “The court made the appropriate decision. It is clear from the evidence that at the time of accident, Mr. Hurtado was in a condition of psychotic breakdown. He was not functioning in the real world,” Jones said. “He didn’t know what he was doing. He was not connected to reality.”

Hurtado previously entered a not guilty plea. With Monday’s court ruling, however, Hurtado withdrew his plea.

Price ordered Hurtado’s medical reports reviewed by the county department of mental health’s conditional release program to decide what mental treatment facility Hurtado will be  sent.

“He will be put in a treatment program for a minimum of six months,” Goold said. “After that, doctors will decide if he is a candidate for outpatient treatment.”

Jones called the incident “a tragic situation all around. Since the day of the accident, my client’s family has been praying for the victim,” he said.

Hurtado drove away after striking Ortiz and then crashed into a SUV driven by a 55-year-old Yountville man, who suffered minor injuries.

Neither alcohol nor drugs played a part in the accident, police said. Hurtado has a valid drivers license and insurance, Jones said.
17 comment(s)

funnyme wrote on Sep 8, 2008 4:07 PM:

" When will his privilege of driving be taken away?
Do "Insane" people have the privilege to drive?

...never mind. "

y2kcbr wrote on Sep 8, 2008 4:09 PM:

" So if you are mentally insane it's okay to drive a car? Shouldn't NPD have 'Mentally Stable Checkpoints' as well? "

savenapa wrote on Sep 8, 2008 4:30 PM:

" So If i have a "psychotic" episode then I can run over people without having to bear any consequenses? What a great place to live. I guess I would get free psychotherapy too. Who then is responsible for the hit and run? It must be us taxpayers. We are the bad ones because we didnt have more of pro-active crazy person commuity scan policy in place. "

justnana wrote on Sep 8, 2008 5:18 PM:

" Wait...if this man suffers from mental illness so severe that he had complete psychotic breakdown when he nearly killed (and changed his victim's life forever) another...he has 6 months of evaluation to see if he's ok for outpatient treatment?? Am I wrong in my assumption that outpatient means he will be living free outside of a mental health facility, where he just might have another complete psychotic breakdown and ruin someone else's life through no fault of his own. I am so confused!! I understand mental illness and the inability of someone to function in the real world, but why is it even entertained that he would be set free...ever? "

kevin wrote on Sep 8, 2008 5:46 PM:

" Everyone worries endlessly that these people will get a gun. A car can be just as deadly, as this incident demonstrates.

What is the law? "

jmo wrote on Sep 8, 2008 5:55 PM:

" Does this mean that if he posts bail, he will be released....drive??????

A six month evaluation? Sure hope they get this right before he is released back into the community and is allowed to drive. "

VJ07 wrote on Sep 8, 2008 6:32 PM:

" This psychotic man, CHOOSES to get behind the wheel of a vehicle... my heart goes out to this young man who was altered for life. Why wasn't this 44 year old being treated and under close watch for his mental illness? Where were the other family members? Did anyone keep "tabs" on him? Why give him access to a vehicle? And now he will get a break, 3 square meals a day, a slap on the wrist and possibly sent out into the community within 6 months?!!!! Something is seriously wrong with this picture! "

db76 wrote on Sep 8, 2008 7:17 PM:

" Calm down everybody. 6 months is the mandated minimum amount of time he will spend in the hospital. In reality, everybody who is committed to the hospital spend much longer--between 3 and 50 years. Then, if he is released, he will be placed under supervision. So take a deep breath and relax. And justnana: mental illness is not the "inability to function in the real world." It's much more complicated than that. "

steph wrote on Sep 8, 2008 7:42 PM:

" What part of "psychotic" do you people not understand?
He didn't know what he was doing! He didn't make a rational choice! He has no control of his mind!

This is the price we pay as a society instead of paying for decent, effective mental health services for people who cannot care for themselves. "

reason-ator wrote on Sep 8, 2008 10:34 PM:

" In all seriousness, if I were to hit a kid on a bike, I'd feel sick enough to make myself crazy. I feel SO bad for the young man. That just stinks "

WorksInNapa wrote on Sep 9, 2008 11:31 AM:

" "Mr. Hurtado was in a condition of psychotic breakdown. He was not functioning in the real world."

I think the victim and his family and friends might say that Mr. Hurtado's actions functioned quite well in the real world. "

nvchell wrote on Sep 9, 2008 12:52 PM:

" This is B.S. An insane person can drive a car and hit someone, but a person who didnt pay fix it tickets for a taillite and brake light for a car that doesnt belong to them can have their drivers license pulled? "

musikluvr wrote on Sep 9, 2008 1:12 PM:

" Insane at the "time of the accident". Wow these doctors and judges are good. A minute sooner or later and the whole thing could have been a real disaster. "

mykdgirl54 wrote on Sep 9, 2008 2:29 PM:

" So in 6 months after a review, he can be out driving on the street next to me?!

Fabulous. I wonder what the Ortiz family will be doing in 6 months - I guarentee you because of this guy's "episode" their lives are changed forever.

What an unjust outcome. My heart goes out to the Ortiz family - may they find peace today tommorrow and always. "

Grits wrote on Sep 9, 2008 5:23 PM:

" If I'm ever in this position I'll just start acting nuts and get off. "

aid wrote on Sep 9, 2008 5:55 PM:

" this guy has the chance to go back the wheel again while carlos still on a bed fighting hes condition. this is no fear "

db76 wrote on Sep 9, 2008 8:25 PM:

" For those of you who think this guy is "getting off" easy, you should educate yourselves on the whole Not Guilty by Reason of Insanity process. "

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