The state rests as defense focuses on Snyder’s mental health during day three of murder trial

TOM MILSTEAD
Posted 2/12/20

Eighth Judicial District Court Judge Patrick Korell said he anticipates Jamie Snyder’s first-degree murder case to be in the hands of the jury by Thursday afternoon.

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The state rests as defense focuses on Snyder’s mental health during day three of murder trial

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TORRINGTON – Eighth Judicial District Court Judge Patrick Korell said he anticipates Jamie Snyder’s first-degree murder case to be in the hands of the jury by Thursday afternoon.

The third day of Snyder’s trial featured a wealth of discussion about Snyder’s mental health on May 24, 2018, the day he is alleged to have fatally stabbed Wade Erschabeck in the chest in Fort Laramie. Defense attorney Jonathan Foreman said he could have between two and four more witnesses to call to the stand to testify about Snyder’s mental state before the two sides deliver their closing arguments.

The main witness for the afternoon portion of the trial was Dr. Katherine Mahaffey, who examined Snyder at the Wyoming State Hospital on a daily basis for almost three months after the stabbing.

Mahaffey said she diagnosed Snyder as having a borderline personality disorder with antisocial and narcissistic tendencies, which does not meet the grounds for a verdict of not guilty by reason of mental illness.

Foreman pointed out there are similarities between her diagnosis and a paranoid schizophrenic, which would be grounds for an NGMI verdict, and pointed to the time of Snyder’s arrest, when he reported seeing “tri-color” people outside of him home as a sign of paranoia.

“After the offense, in his residence with the police outside, he perceived police as being purple, blue and pink,” Mahaffey said. “I had been told that by his mother that he, had talked to two people on the phone as he was perceiving tri-colored people outside with guns.

“Once he realized it was the Goshen County Sheriff’s Office, that went away. He kind of snapped to.”

“Tri-color people outside, that sounds pretty paranoid,” Foreman said.

“They did have guns,” Mahaffey said.

Mahaffey and Foreman sparred over the diagnosis, but Mahaffey stuck to her original decision, said that Snyder was malingering, or exaggerating his symptoms for a preferential diagnosis. She referred to an interview where Snyder told her about a secret society of “lizard people” as an example.

“The interview with reptiles, he did seem to be pushing it, making an effort to present as unique and odd,” Mahaffey said. “When that interview ended, he didn’t continue that conversation.”

After Mahaffey’s testimony, Goshen County Attorney Eric Boyer asked the court to dismiss Snyder’s mental capacity as a factor in the case, due to the fact the Mahaffey was the only expert witness and she did not waver from her position.

The state would move that the defendant is, with no other experts set to testify, it is not appropriate for this defense to go to the jury,” Boyer said.

Foreman objected to the motion.

“He saw tri-colored men, there's paranoid delusions, he believed someone was surveilling his house, and we learned that all through on direct examination,” Foreman said.

“The state is basically saying to cut off my case. The state is also objecting to allow other witnesses (other mental health agencies who have worked with Snyder,” Foreman said.

Korell will rule on the motion in the morning.

The prosecution wrapped up its case before the lunch break on Wednesday.

Soon after, Foreman moved to dismiss the first-degree murder charge and substitute second degree murder in its stead, stating he did not believe the state met the criteria for first degree murder.

Foreman argued that the prosecution had not proven all of the criteria for first degree murder, and that the state’s case did not prove Snyder’s attack on Wade Erschabeck was premeditated or done in malice. Foreman asked the court to instead shift its focus toward a second-degree murder charge, or voluntary manslaughter.

“According to Mr. Justin Ellis (eyewitness to the attack), my client got out of his truck, walked around the front, stabbed Mr. Erschabeck, and fled,” Foreman said. “That does not appear to support premeditation, and neither do my clients’ statements to (Sheriff) Kory Fleenor. My client’s statements said he did not take a gun because he didn't want to seriously hurt Wade Erschabeck.

“Under the circumstances, I think there is insufficient evidence to support premeditation, and we may substitute second-degree murder in its place.”

Deputy Goshen County Attorney Jeremiah Sandburg disagreed. He cited witness testimony that Snyder had made comments about killing the victim days before the attack, as well as the way the attack itself was carried out.

“Exiting the vehicle with a knife, walking in a lunging manner, walking toward an individual with his hands raised, stabbing him five-and-a-half inches deep, is not only premeditation, but it certainly proves malice. The fact that he exited the vehicle with his knife out is evidence of malice and premeditation to do the deed he ultimately did,” Sandburg said.

The motion was denied by Eighth Judicial District Court Judge Patrick Korell, who said it must view the state’s evidence as true until it’s proven otherwise. 

“The facts and evidence are that Jamie Snyder had a knife located in his vehicle or on his body, he took that knife out as he made contact with Wade Erschabeck, he traveled around the front of vehicle, lunged and the stabbed victim deeply,” Korell said.

“That would be sufficient to established first degree murder, as charged by the state.”

The prosecution finished with its attempt to prove its burden, and the defense is poised to make its case for Snyder’s innocence this afternoon.

Snyder is accused of stabbing Wade Erschabeck to death on May 24, 2018, in Fort Laramie.

The third day of the trial included testimony from Dr. Peter Schilke, a forensic pathologist, who performed an autopsy on Erschabeck’s remains the day after the alleged attack.

Goshen County Deputy Attorney Jeremiah Sandburg displayed the supposed murder weapon for Schilke, who said it is consistent with injuries he observed on the victim.

“It certainly could be (the weapon), it is consistent,” Schilke said when Sandburg presented the black knife.

“The stab wound itself doesn’t have anything specific,” Schilke said. “The only specific things you can see is if its single- or double-edged. In this case, the wound does not show anything specific, and I wouldn’t be able to say if a certain weapon caused the injury.”

The jury also heard testimony from Schilke that there was marijuana present in the victim’s body at the time of his death, and that the amounts and metabolites present indicated that he had recently ingested it. Snyder’s defense attorney, Jonathon Foreman, asked Schilke to confirm the presence fo the drug.

“Was Wade Erschabeck, at the time of his death, under the influence of marijuana?” Foreman asked.

“That would be fair to say,” Schilke said.

The state attempted to establish that Snyder’s attack on Erschbeck was premeditated – an important element for first-degree murder. Gavin Martin, who said he was a friend to both Snyder and Erschabeck, testified that he had gone on a ride with Snyder the day before the incident and that there had been a large, black knife in Snyder’s truck console – but said upon seeing the alleged murder weapon found at the scene that the knife in the truck was not the one present in court.

“In the center console, he had his knife,” Martin said. “I didn’t think too much of it. We both had collections. It was a long black, camping knife, with a serrated back, about 12-14 inches long.”

Foreman asked Martin if he had ever considered Snyder to be mentally ill, and mentioned a conversation between Martin and Snyder in which Snyder said he gave birth to Martin’s sister’s boyfriend.

Martin said he did not find the conversation to be overly weird.

“I didn’t think anything about it,” Martin said. “Random conversation while being bored in Fort Laramie is nothing new.”

Another witness for the state, Michael Paules, said he had a conversation with Snyder four days before the incident in which Snyder said Erschabeck “needed to die,” and Paules attempted to talk him out of attacking anyone.

“He looked a little different, and he said he basically just needed to die,” Paules said. “It was like he had a grudge against him or something.”

During Foreman’s cross examination, Paules said he asked Snyder to think of something else.

“I told him ‘why don’t you think of your daughter, or something different besides killing somebody?”