Man shot by Dayton Police found not guilty by reason of insanity

A Dayton man who was shot by police after the chief said the man pointed an AK-47 style firearm at officers was found not guilty by reason of insanity of felony charges that were lodged against him in connection to the incident.

Derek Wolfe, 36, was committed to Summit Behavioral Healthcare. He was charged in Montgomery County Common Pleas Court with three counts of felonious assault, improperly discharging a firearm at or into a habitation, discharge of a firearm on or near prohibited premises and intimidation.

The charges were a result of an incident on April 21 when officers responded to the 1000 block of Chelsea Avenue. A Ring doorbell camera captured audio of police shouting numerous commands at Wolfe to drop his weapon before shots were fired. An investigation at the scene determined that Wolfe fired shots both inside and outside the home.

Dayton Police Chief Richard Biehl said at the time he felt his officers exercised enormous restraint before firing on Wolfe. The chief said that preliminary information indicated that Wolfe had become fixated about the coronavirus pandemic.

The officers involved were cleared by a grand jury in October.

In his ruling in Wolfe’s case, Judge Steven Dankof said evaluations were conducted on Wolfe and, after reviewing the evidence, he came to his conclusion.

“The court further finds that it has been shown by a preponderance of the evidence that, at the time of the offense, defendant did not know as a result of a severe mental disease the wrongfulness of his crime. Defendant is not guilty of the indicted crimes in which he stands charged for the sole reason that he meets the criteria set forth in (Ohio law) to be termed legally insane at the time of the act was committed,” the ruling says.

Defense attorney Charles Slicer III released a statement to the Dayton Daily News when reached for comment.

“As Mr. Wolfe’s attorney, I agree with the court’s decision in this case and am pleased with the ultimate resolution reached thanks to the collaboration of all parties involved,” he said. “This outcome is what any attorney would hope for in favor of their client and is truly a product of concerted efforts and a functioning court system operating with a common goal of justice and rehabilitation. As would be the case with any client, I am relieved that Mr. Wolfe will be receiving the treatment he needs.”

The judge ordered Summit to create a report containing a diagnosis, prognosis and past treatment and a hearing was set for June 21.

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