Lawyer charged in attack on law firm partner may use involuntary intoxication defense
The lawyer accused of attacking a law firm managing partner and his wife in a November 2014 home invasion may use an involuntary intoxication defense.
Lawyers for Andrew Schmuhl have told a judge in Fairfax County, Virginia, they may claim his use of medication resulted in involuntary intoxication that affected his mental state, NBC Washington reports. In prior court filings, defense lawyers have indicated they will assert Schmuhl’s mental state at the time of the crime met the definition for insanity.
The NBC story doesn’t indicate what kind of drugs are at issue, though it does refer to these items being tested in the case: bottles of NyQuil and a box of Benadryl. Schmuhl is a former judge advocate in the Army who was unemployed after he suffered a back injury in the service.
Schmuhl is accused of attacking Leo Fisher, managing partner of Bean, Kinney & Korman in Arlington, Virginia, and his wife, Susan Duncan. Bean Kinney fired Schmuhl’s wife, lawyer Alecia Schmuhl, who is accused of waiting outside during the attack and driving the getaway car.
Prosecutors have alleged Andrew Schmuhl used zip ties to restrain Fisher and Duncan, stabbed them, and fired a gun at Duncan. Schmuhl fled after Duncan was able to activate an alarm.
