Insanity defense arranged for Kalamazoo shootings suspect Jason Dalton

Dalton bound over to trial on 6 open murder charges

Jason Dalton

KALAMAZOO, Mich. – The man accused of shooting eight people and killing six of them while picking up Uber fares earlier this year in the Kalamazoo area will try to use insanity as a defense in his upcoming trial. 

Last month, Jason Dalton was bound over to stand trial on charges including six counts of open murder, two counts of assault with intent to murder and eight felony weapons charges. 

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"The defense has indicated their intention to file a notice of intent to use insanity as a defense," said Kalamazoo County Prosecutor Jeff Getting during a news conference Monday afternoon. 

Watch: Kalamazoo prosecutor's news conference

Getting said the notice of intent hasn't been filed yet, but it is expected to be filed within seven days. 

Prosecutors say Dalton, 45, carried out the shootings Feb. 20 between picking up riders as an Uber driver. According to the arresting officer’s report, Dalton said he saw a devil figure in the Uber app and his iPhone took control of him.

Read back: Kalamazoo shootings suspect told police Uber app controlled him 'like A.I.'

The questions will be whether or not he was mentally ill, and if so, whether as a result of that mental illness he was able to substantially conform his conduct to the law or if he was unable to understand the wrongfulness of his actions," said Getting. 

Getting said he isn't surprised by the defense.

"This is where I expected the case to go from the very beginning," he said. 

A status conference is scheduled for Aug. 15.

Dalton was dragged out of a courtroom last month during a victim's testimony about the night of the shootings. He began babbling incoherently. 

Aviator cars. No! They gave bags, black bags they are called ... that people drive around and they look ... and that's when you tell people you need to get to temple. Yeah, you need to get to temple, you need to get going because it's called intimidator bags," he said. 

He watched the rest of that afternoon's court hearing from a jail cell, where he had to be held down by guards. He was shown talking to himself at times. 

VIDEO: Kalamazoo shooting suspect Jason Dalton dragged out of court

Insanity defense in Michigan

According to Michigan law:

Upon receipt of a notice of an intention to assert the defense of insanity, a court shall order the defendant to undergo an examination relating to his or her claim of insanity by personnel of the center for forensic psychiatry or by other qualified personnel, as applicable, for a period not to exceed 60 days from the date of the order ... "

As for sentencing, there are options including: 

If a defendant is found guilty but mentally ill or enters a plea to that effect which is accepted by the court, the court shall impose any sentence that could be imposed by law upon a defendant who is convicted of the same offense ... "

Source: www.legislature.mi.gov