Jury selection is underway in the capital murder trial of Shane James, who is accused of killing six people and injuring three others during a series of shootings in December 2023.
James’ defense attorneys plan to pursue an insanity defense, raising questions about how Texas law defines legal insanity and what happens if a jury agrees with the defense.
Investigators believe the violence began Dec. 4, 2023, at James’ family home in Kirby, where his parents, Phyllis James and Shane James Sr., were killed.
The following morning, the shootings continued in Austin. Here’s a timeline of events:
An insanity defense does not simply mean a defendant has a mental illness.
Under Texas law, a defendant may be found not guilty by reason of insanity if, because of a severe mental disease or defect, the person did not know the conduct was wrong at the time of the alleged offense.
Defense attorney Nico LaHood, who is not involved in this case, explained the distinction.
“The element of the crime is that you have to intentionally commit the crime,” LaHood said. “And if you are legally insane, that means that you cannot decipher between right and wrong.”
The defense must prove its claim by a preponderance of the evidence, a lower standard than the requirement than what prosecutors must prove guilt beyond a reasonable doubt.
“The burden is on the defense because it’s an affirmative defense,” LaHood said.
In practical terms, the defense must show that it is more likely than not that the defendant met the legal standard for insanity.
A successful insanity defense does not automatically mean a defendant is released.
A verdict of not guilty by reason of insanity triggers a separate legal process to determine whether the person should be committed to a mental health facility.
LaHood said people found not guilty by reason of insanity in serious cases can spend years in an institution.
“Not guilty by reason of insanity is not the, I think it’s not the victory that people think it is,” LaHood said. “You don’t just walk out the door and go back in society.”
He added that people found not guilty by reason of insanity in murder cases can remain institutionalized for decades.
Jury selection is expected to last up to three days, with testimony scheduled to begin Thursday.
If James is convicted in the Austin case, he faces an automatic sentence of life in prison without the possibility of parole.
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