Feces Throwing Man Gets 31-Year Sentence
Deputy District Attorney Christopher Lawson said in court that McGowan clearly has mental health issues, but he committed an intentional act when he threw the feces.
Lawson said McGowan had previously wiped human feces on himself and was examined by doctors to ensure he was mentally competent to stand trial.
Three days earlier Judge Jeffrey Fraser had denied McGowan's request for a new trial. McGowan had claimed that some of the jurors had seen him in shackles while being escorted into the courtroom. The judge spoke with and dismissed the jurors in question and allowed the proceedings to go forward. McGowan also asked to have the public defender removed from his case. This was also denied.
According to court records, McGowan “became very boisterous and somewhat belligerent” after his request was denied. At one point, he told sheriff's deputies, “You better put the chains back on before I do something.”
McGowan was on trial for an October 2007 incident in which he allegedly hit his victim with a rock in a sock, then tied him up and ransacked his apartment, taking money and drugs. He then fled in the man's car. He was caught shortly after and charged with robbery, assault, kidnapping and auto theft.
McGowan case was transferred to Judge Frank Brown. This time, instead of going to trial, McGowan plead guilty to residential robbery causing great bodily injury and residential burglary. He also pleaded guilty to assault on a public official and assault on a juror.
Judge Frank Brown ordered McGowan to pay $129 to the juror whose case was ruined by the feces. He then sentenced McGowan to 31 years and four months in state prison.
Defense attorney Stephen Cline said McGowan’s medications were messed up when he was about to go to trial. When medicated properly, the defendant does “relatively OK,” Cline said.
“He’s mentally disabled,” the attorney said. “(But) that doesn’t mean he doesn’t know what he’s doing. He can be extremely violent if not medicated.”