Tragically, the story of Cody Balmer highlights what can happen when a mentally ill individual slips through the cracks, doesn’t receive the care they need, and winds up on a lifetime path of committing crimes. Balmer’s story has culminated in the attempted murder of Pennsylvania Governor Josh Shapiro on April 13.
According to reports, the 38-year-old suspect admitted to authorities that he “hated” the governor, which led him to walk an hour away from his house and straight up to the Governor’s home.
During his walk, he removed gasoline from a lawnmower and poured it into two Heineken bottles. Once he arrived at Governor Shapiro’s house, he scaled a fence, broke two windows with a hammer, and threw the lit homemade Molotov cocktails inside.
At first, investigators believed the attack was politically motivated, but they quickly learned that Cody Balmer has a long history of violence and serious mental illness. At the time of the attack, the culprit was out of jail on bail. He was set to face charges that involved stomping on his own 10-year-old child’s broken leg in 2023. He was also accused of physically attacking his wife in the same incident. Just days after the attack, he was expected to face his charges in court.
Before that incident, he had pleaded guilty to forgery and theft by deception in 2016.
What’s more, concerned family members explained that the suspect had recently gone off his medication. Balmer’s mother told investigators that she had been desperately calling local police and crisis intervention services in the area attempting to get Balmer committed into a mental institution in the days leading up to the attack, but authorities were unable to assist since Balmer hadn’t threatened himself or others. He also didn’t meet the threshold for being involuntarily detained for an evaluation.
Now, the suspect is being charged with criminal homicide, aggravated arson, burglary, aggravated assault, and terrorism as a result of his latest attack on the governor.
One day after the attack, Balmer was admitted to the hospital and treated for a medical event that was not connected to the incident or the arrest.
Is Mental Illness Considered a Legal Defense in New York?
Yes, individuals accused of various crimes in New York can use their mental illness as a legal defense, however, it is rarely utilized due to the limited situations in which it can be applied. This type of defense is called the insanity defense. In order to be effective, the defendant or their legal team would need to prove that at the time of the crime, they lacked the substantial capacity to understand the nature and consequences of their conduct. In other words, the suspect must not have been able to understand that their behavior was wrong as a result of their mental condition or state.
Generally, using this defense is only effective if you’re truly suffering from a mental illness that requires potential hospitalization, long-term care, or medical assistance.
Schedule a free phone call with our team of New York lawyers now to discuss your legal situation in more detail with one of our top attorneys.