Staying on the story: The David Trebilcock case

This week we'll be taking a look at various stories that have affected our community

Eyewitness News reporter Jennifer Lee is staying on the story of the David Trebilcock case.

It's been almost a year since the Sherrill man was found not criminally responsible for 6 year-old Lauren Belius' death. In the next few years, Trebilcock will have to report to the judge to see where he stands regarding his mental state.

Recently, he waived his right to appear in court, meaning he wasn't challenging the report, finding him to still be dangerously mentally ill.

Although Trebilcock admits to stabbing 6-year-old Lauren Belius to death in front of her twin sister, Oneida County Judge Michael Dwyer found Trebilcock not legally responsible for killing young Lauren by a reason of mental disease or defect.

"Basically there has to be a showing that the defendant suffered from a mental disease or defect that the disease or defect was such a nature that at the time the person committed the crime, they didn't know the difference between right and wrong," said Oneida County District Attorney, Scott McNamara.

Doctors that spent time to evaluate Trebilcock's mental state found, in their opinion, Trebilcock suffers from paranoid schizophrenia.

Trebilcock is currently at mid-Hudson Psychiatric Center, a secure mental health facility.

A recent evaluation still determined him to be dangerously mentally ill, meaning he's a danger to himself and others.

"If he's dangerously mentally ill he is committed to a secure psychiatric facility. If he is found mentally ill and not dangerous then he could be put into a non- secure facility. They don't really go into a diagnosis so much. They just want to determine if he still fits that category if he's still dangerously mentally ill," said First D.A. Dawn Lupi.

But, if Trebilcock is found sane he could walk the streets a free man. An idea many Central New Yorkers say they cannot wrap their heads around.

"That's always a possibility. But again if there was ever a recommendation that comes down we can challenge it," said Lupi.

Assistant District Attorney Dawn Lupi who was the prosecutor in this case says she believes it's very unlikely Trebilcock will recover.

In cases of the insanity plea, the Oneida County DA's Office agree the law needs to be reconsidered.

"If they are able to get better it seems to me that okay you are better then you will serve the punishment of the crime you committed. And more importantly we as a community and government we have some control over that person," said McNamara.

Other states have similar laws to that called "guilty but insane" where a person will go to a facility and if they do get better they would go to prison.

Although the DA's office has handled other insanity plea cases, McNamara says it's a defense that is not always successful.

As for the Belius family they're trying to bring changes to the legal system. Last year, Senator Griffo introduced legislation called Lauren Sylvia's Law.

If it passes, it would require a person to serve the same amount of time in a mental institution that they would in prison if they were found guilty.