Dallas

Defense Attorney Theorizes How Accused Dallas Gunman Could Mount an Insanity Defense

Hate and mental health are factors in the case against Jeremy Smith.

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New charges were filed Wednesday against the man charged Tuesday for wounding three women in a shooting at an Asian-owned Dallas hair salon last week.

Jeremy Smith, 36, had four more assault charges added for other people who were present at the Hair World salon the day of the shooting but who were not injured.

Since the shooting, Dallas police boosted patrol presence in the Koreatown neighborhood along Royal Lane.

Korean American Coalition DFW Chapter spokesman John Jun said Wednesday that residents appreciate the police presence and the new charges.

“This shows the Dallas Police Department is taking this seriously,” Jun said.

Criminal defense attorney and former prosecutor Haim Vasquez said the additional charges increase the bail Smith would need to leave jail prior to trial and also boost the chance of a conviction.

NBC 5 News/Dallas Police
Jeremy Theron Smith, booking photo.

“By adding more counts you have more victims that can testify in court, you have more evidence to be able to prove the criminality of the act,” Vasquez said.

Prosecutors will need more evidence to enhance the case to that of a hate crime, which Vasquez said is more difficult than just proving guilt for actions.

“You need to show intention and you need to show motivation. Those are things you need to show if you want to label it a hate crime,” Vasquez said. “It's difficult to prove motivation beyond a reasonable doubt.”

Arrest records show Smith has a history of mental health treatment. The documents said Smith’s girlfriend told police that a car crash two years ago with an Asian driver sparked Smith’s delusions that an Asian mob was after him. The records said Smith was fired from a job over an argument with an Asian manager.

HOMEOWNER SAYS SUSPECT EXHIBITED STRANGE BEHAVIOR

Smith was arrested Monday at the DeSoto home of Charles Allen, who hired Smith for yard work.

jeremy smith
Charles Allen, NBC 5 News
DeSoto homeowner Charles Allen (not pictured) said it looked like something out of a movie when police arrived to take Jeremy Smith into custody Monday afternoon.

“I knew he has some type of mental problem,” Allen said.

Smith exhibited strange behavior and unexplained outbursts, according to the homeowner.

Allen said he also noticed expired registration on Smith’s maroon minivan.

“I said, 'Jeremy, you’re going to come over here and help me and they're going to get you and you’re going to lose your mode of transportation,” Allen recalled.

And that’s exactly what happened when police followed the vehicle that had been seen at crime scenes to Allen’s home Monday.

Allen recorded the arrest on his mobile phone.

NBC 5 learned Smith was initially detained Monday for Arlington warrants for expired registration and driving without a license from 2019.

COULD ACCUSED GUNMAN MOUNT INSANITY PLEA?

Now Smith’s mental health could be a defense on more serious charges.

“In Texas, there is an affirmative defense called insanity,” Vasquez said. “He can use an affirmative defense to say he didn’t intend to commit the crime because he didn’t know based on a mental disease or defect, he didn’t know that the conduct was criminal.”

Vasquez said an insanity defense is difficult and a defendant could still be confined for treatment if it is successful.

“Just having delusions or hearing voices sometimes doesn’t rise to the level of an affirmative defense,” Vasquez said.

NBC 5 News
Dallas Police investigate a shooting at the Hair World salon on Royal Lane, May 11, 2022.

John Jun said the DeSoto homeowner considered Smith competent to work there and no one chased Smith to the Koreatown neighborhood. He went there of his own choice.

“By all means, if he needs to get help, we do want him to get the help he needs, but at the same time we think they should look at the fact that he committed an act that’s dangerous,” June said. “We want to make sure if he does require treatment, that he does get treatment in a secure facility, supervised to make sure that he’s not out here.”

Dallas Police are still investigating two other shootings at Asian-owned businesses where a maroon minivan that resembled Smith's was also seen. Smith could face more charges for those assaults in the future.

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