Capitol Killing Suspect Faces Psychiatric Test

A government psychiatrist will test whether a man charged with killing two Capitol police officers is mentally fit to stand trial, a federal judge ruled Thursday.

The evaluation of Russell E. Weston Jr. is the first step toward what will likely become an insanity defense if the case reaches trial.

Both prosecutors and defense lawyers in the case asked for the review, which will determine whether Weston can understand and participate in a trial. The review will not consider whether Weston was legally sane at the time of the July 24 shootings.

Weston’s lawyers would not comment on his mental state outside court. Weston was diagnosed years ago as a paranoid schizophrenic, and his family has said he suffered from powerful delusions that the federal government was spying on him.

Prosecutors have not alleged a motive in the shootings, but an FBI affidavit said that in the weeks before the shootings Weston was preoccupied with the belief that the government had planted mines around his Montana cabin.

Weston, hair wildly disheveled, sat slumped in a wheelchair a few yards from the front row of courtroom seats where the widows of officers Jacob J. Chestnut and John Gibson sat side by side.

Wendy Chestnut dabbed at her eyes with a handkerchief and leaned against Evelyn Gibson’s shoulder.

Weston whispered with his lawyers before the hearing began but did not speak otherwise.

It was the first time the women had seen Weston, who was arrested shortly after he allegedly burst through a Capitol doorway and began shooting. Chestnut was hit first, and Gibson died moments later after confronting the gunman and opening fire.

Weston, 41, was badly wounded and was hospitalized under heavy guard until last weekend. He is now at a jail treatment center, where he will be evaluated by psychiatrist Sally Johnson, who examined confessed Unabomber Theodore J. Kaczynski.

Both families attended an emotional wreath-laying ceremony later Thursday at the National Law Enforcement Officers Memorial. In May, the names of Chestnut and Gibson will be added to the memorial wall.