Suspect in boy’s killing is insane, doctor says
Prosecution to seek another evaluation, DA’s office says
A state mental health doctor has concluded that Allen Grabe was insane when he repeatedly shot his 13-year-old son last fall, killing the boy as he slept in his bed at the family’s Pear Park home, Chief Deputy District Attorney Dan Rubinstein said Tuesday.
The findings, already disputed before they were to be aired in court this morning, are the result of Grabe’s court-ordered sanity evaluation completed in May by a doctor at the Colorado Mental Health Institute in Pueblo.
District Judge Brian Flynn this morning is expected to rule on a prosecution request for yet another evaluation of Grabe’s sanity. Rubinstein on Friday filed a motion seeking a new study.
“We believe the evaluation was inadequate and have requested further evaluation,” the prosecutor said, declining additional comment until Wednesday’s hearing.
Grabe, 52, has pleaded not guilty by reason of insanity to charges of first-degree murder and child abuse resulting in death in the slaying of his son, Jacob, the night of Sept. 11, 2008.
Jacob Grabe had been treated for Asperger’s syndrome, a neurological disorder similar to autism.
The boy was shot nine times as he was sleeping in his bed at the family home, 3045 Wedgewood Ave., around 10 p.m. on Sept. 11.
Allen Grabe fired a first volley of shots before he stopped, walked into a hallway and told his wife, “I had to kill him because you were ruining him,” according to an arrest affidavit.
Grabe returned to his son’s room and fired more rounds, the affidavit said.
When Mesa County Sheriff’s Department deputies arrived at the home, Allen Grabe was sitting on the front porch holding a revolver and said “I give up,” according to the affidavit.
Under Colorado law, prosecutors in Grabe’s case would have the added burden of proving Grabe’s sanity to a jury beyond a reasonable doubt.
State law also says a person is insane if they are found to be “diseased or defective of the mind” at the time a crime was committed and unable to tell right from wrong.