Psychologist: Mendiola insane at the time he shot and killed fellow army veteran

The defense in the Alberto Mendiola murder trial called to the stand a psychologist who told jurors he believed Mendiola was insane when he killed a man in March 2014.

Mendiola, a former soldier, is accused of killing 30-year-old Anthony Bowler, a fellow army veteran. Police said Bowler was a guest at a barbecue in the East El Paso home of Mendiola’s estranged wife.

Mendiola’s wife had a restraining order at the time and Mendiola allegedly broke into the home and shot Bowler dead.

Mendiola’s defense team has admitted its client shot and killed Bowler, but has indicated he did so because he was temporarily insane as a result of a flashback caused by Post Traumatic Stress Disorder.

Mendiola is combat veteran who served in the violent Taliban-infested Khandahar Province at the height of the war in Afghanistan in 2009.

Wednesday, the defense called Dr. James Schutte, an expert witness who conducted 21 different psychological tests on Mendiola. The El Paso psychologist, who has treated numerous veterans with PTSD, told the jury he saw Mendiola eight times over the past year.

Schutte said he was aware the VA had diagnosed Mendiola with 70 percent disability back in 2013 due to PTSD. Schutte testified anything over 60 percent is considered to be severe by the VA and a “major impairment in the ability to function.”

The psychologist added Mendiola suffers from depression and indicated he was having nightmares on a daily basis. Schutte also testified Mendiola’s actions leading up to the shooting, putting on a camouflage tactical vest and arming himself with 160 rounds and nine magazines, was a ritual consistent with a flashback and going into combat.

Schutte told jurors Mendiola told him he shot Bowler because he “looked Middle-Eastern.” Schutte also said Mendiola explained his flashbacks were triggered by loud noises.

“I reached the conclusion that Albert was insane at the time of the offense,” Schutte said during cross-examination.

“At the time of the incident, did Albert Mendiola know his conduct was wrong?” asked Defense Attorney Joe Spencer.

“No he did not,” replied Schutte.

Prosecutors objected to Schutte’s testimony, arguing they did not receive the results of all 21 tests Schutte conducted.

Under cross-examination, the state also questioned Schutte’s expertise, pointing out the VA offered Mendiola help and never called Mendiola’s PTSD “severe” in its records.
dr. schutte was asked by the state’s attorney:

“He never received counseling for PTSD?” a prosecutor asked.

“No,” Schutte replied.

“(Mendiola) was given medication for PTSD, but stopped taking it?” the prosecutor asked.

“Correct,” Schutte replied.

“Why blame the VA for him not going?” the prosecutor asked.

“He did not attend for whatever reason, but he did not receive treatment,” said Schutte.