MHA's Blog: Chiming In

The Washington Post recently ran a story on Sean Duvalol, a homeless Gulf War veteran who called a suicide hotline. He was carrying a note to his family and a homemade gun. The counselor told him to stay put and that help was on the way. Police arrived and took Duvall, who was homeless and unemployed at the time of the incident in June 2011, to a psychiatric facility. He is now being treated for depression and has a job an apartment.  However, he has been charged with four federal counts involving manufacturing and possessing a homemade gun that carry a 40-year prison sentence. Mental Health America last week sent a letter to the U.S. Attorney calling on him to dismiss the charges, which you can read here.

In the letter, we pointed out that many jurisdictions have established specialized veterans’ courts that seek to avoid the unnecessary criminalization of mental illness and recognize the special circumstances experienced by nation’s veterans.

The Roanoke Times is reporting that such a diversion may be used in Duvall's case:

"Although attorneys on both sides declined to comment, one possibility for Duvall would be enrollment in the Veterans Treatment Court, a diversion program in which participants can avoid a criminal conviction through close supervision and counseling.

"A referral to the program requires approval by prosecutors and the judge. If that were not to happen, the case would move forward with Duvall facing a felony conviction and up to 40 years in prison."

We will update you on the case.