Psychiatrist: Teen who killed brother knew what he was doing

Daniel Gudino is mentally ill but the Colorado Springs teenager still knew what he was doing when he shot his brother to death and wounded their mom, a prosecution psychiatrist testified Wednesday.

“Daniel does have a problem,” Dr. Steven Martin, a Pueblo forensic psychiatrist, told jurors at Gudino’s first-degree murder trial in juvenile court. “He does have symptoms of psychosis. I have no disagreement with that.”

Martin noted that months before the May 18, 2009, fatal shooting of 9-year-old Ulysses Gudino Jr. and the attack on Marina Gudino, Daniel had reported hearing voices speaking in Russian and seeing scary faces.

But after reviewing evidence and spending four hours interviewing the 15-year-old at a juvenile detention center in September and October, Martin concluded the boy was not in the midst of a psychotic episode when the attacks occurred at the family’s home in the 1800 block of Chapel Hills Drive.

Deputy District Attorney Amy Fitch asked Martin if he thought Gudino had the mental state at the time of the shooting to show that his actions were intentional.

“In my opinion, I think he understood and planned what occurred,” Martin replied.

As evidence, he cited the “complicated behavior” that the then 13-year-old boy displayed by picking the lock to a gun cabinet with a toothpick, loading a .22-caliber rifle, shooting his brother three times, putting the weapon down and then later shooting his mother in the arm after she returned home.

“I wished it was otherwise,” said Martin, who added he had never testified as an expert for the prosecution before.

His testimony conflicts with the findings of Dr. John Hardy, another Pueblo forensic psychiatrist who testified that Gudino is mentally ill and likely was sleepwalking when the shootings occurred.

Hardy concluded that Gudino lacked the intent necessary for him to be found guilty of murder and attempted murder.

Hardy cited earlier episodes of Daniel’s Gudino sleepwalking. He also pointed out that the gun cabinet may have been previously unlocked by one of the defendant’s younger brothers.

But Martin said it was unlikely that a person in a psychotic episode would suddenly snap out of it, as Marina Gudino has testified. She said her oldest son seemed like he was in a trance-like state when he shot and then stabbed her, but came to and began apologizing and asking for help immediately after the attack.

Testimony resumes Thursday. The trial is in its third and possibly final week.

For more court coverage, visit “The Sidebar” blog at gazette.com