Judge sends Patterson back to mental health facility in 2004 stabbing case

BLOOMFIELD — Emotions were high in the Stoddard County courtroom Thursday afternoon as a judge again committed a Bernie man to the Department of Mental Health after he pleaded not guilty by reason of mental disease or defect to the stabbing death of his stepbrother.

Justen Patterson, 37, entered his plea in connection to the Sept. 4, 2004, death of Vernon Eugene Lipsey, 18, of Poplar Bluff.

Patterson again was charged with the felonoes of second-degree murder and armed criminal action in November 2017.

According to the “procedural history” of Patterson’s case, which Associate Circuit Judge Joe Saterfield read into the record, Patterson had a court-ordered pretrial psychiatric evaluation after his originally was charged in September 2004.

Mental health officials, Satterfield said, found that Patterson, as a result of mental disease or defect, lacked the capacity to assist in his own defense.

Patterson subsequently was committed to the Department of Mental Health.

Satterfield said a subsequent report received by the court in June 2006 said Patterson “lacked the mental fitness to proceed in the criminal case and that there was no substantial probability that (he) would be mentally fit to proceed in the foreseeable future.”

In May 2011, Satterfield said, a court entered findings that Patterson was mentally ill and committed him to a mental health facility.

At that time, Patterson’s criminal case was dismissed, but could be refiled at any time he was “fit to proceed.”

Satterfield said in October of 2017, mental health officials told Stoddard County Prosecuting Attorney Russ Oliver it was their “intention to discharge (Patterson) back into the community.”

Mental health officials, he said, believed Patterson was competent to proceed with his criminal case.

Oliver subsequently refiled the charges against Patterson.

Satterfield said Patterson’s attorney filed a notice of its intent to rely on a defense of mental disease or defect, excluding responsibility.

“The notice further stated that (Patterson) had no defense to the charges against him, other than the defense of mental disease or defect, and that he intended to rely solely on that defense,” Satterfield said.

Patterson again underwent an evaluation by mental health professionals.

On Aug. 27, Satterfield said, the Department of Mental Health issued a report filed by Dr. Laura Rosen and Dr. Bridget Graham, both of whom are license psychologists and certified forensic examiners.

The report says it is the doctors’ opinion, “to a reasonable degree of certainty,” that Patterson now has the capacity to understand the proceedings against him and assist in his own defense, but at the time of the alleged offense, he “as a result of mental disease or defect, did not know or appreciate the natural, quality or wrongfulness of his conduct …,” Satterfield said.

The doctors further opined Patterson was incapable of “conforming his conduct to the requirements of law” at the time of the alleged offense.

Satterfield said the state filed an acceptance of Patterson’s plea of not guilty by reason of mental disease or defect.

“You understand what we are doing here today,” Satterfield asked.

Patterson answered yes.

“I understand you have mental issues; are you able to understand what we’re doing today and assist your attorney?” Satterfield asked, again receiving an affirmative response.

Satterfield then went over Patterson’s rights, including his right to a trial.

“If you enter a not guilty by reason of mental disease or defect, you’re waiving your rights to a trial or defenses,” Satterfield said.

“I understand,” Patterson replied.

Oliver then was asked about the facts of the case.

The incident, Oliver said, occurred on Sept. 4, 2004, at Patterson’s then Bowman Street home in Bernie, Oliver said.

“(Patterson) spoke with police and admitted to stabbing Vernon Lipsey 10 times,” Oliver said.

“Do you plea not guilty by reason of mental disease or defect to murder in the second degree? Mr. Patterson, do you plea not guilty by reason of mental disease or defect to armed criminal action,” Satterfield asked.

“Yes, sir,” Patterson replied.

Satterfield then accepted Patterson’s plea as being freely made and with an understanding of his charges and his constitutional rights.

Prior to sentencing Patterson, Satterfield heard victim-impact testimony from four of Lipsey’s family members, including his mother, Pasty Patterson.

“My world has changed forever; one of my babies is no longer here,” Pasty Patterson said.

As she held up a photograph collage of her son, Pasty Patterson described an

“emptiness inside of me. I have been left forever saddened by the murder of my son.

“I mourn the loss of so many hopes and dreams and expectations.”

Pasty Patterson went on to say she would never see her son hold his dream job, get married or have grandchildren.

“No more Christmases, birthdays or family gatherings he so loved or watching him play with his nieces and nephews he so loved,” the woman said.

Lipsey, she said, will never “live out his potential, helping others, making a difference in this world, with his passion for life and huge heart.”

Pasty Patterson described her son as having been an example of “what is right in this world. His smile would light up a room.”

As Pasty Patterson’s emotional testimony continued, she said, she can no longer work due to her son’s death.

“Month to month is a struggle,” she said. “I suffer many health problems and take medication on a daily basis.

“There are many triggers that take me back to that early morning, what I saw, what I heard. I sleep very little because of nightmares from that morning.”

Words, Pasty Patterson said, can’t explain the impact her son’s murder has had on her life.

As she concluded her testimony, the woman told her former stepson to not bother saying he was sorry.

“If you were, you’d take responsibility for what you done,” she said.

Stacy McGill described her brother, Vernon Lipsey, as “awesome,” as well as humble and “so quiet. He could touch the world.

“ … He had a great, bright future.”

The only way McGill could think to say how her brother’s death had effected her was to ask those in the courtroom visualizing it happening to a member of their immediate family, someone “you love dearly.”

As she held the same photo collage as her mother did, McGill described her brother as a part of her and someone she no longer has in her life.

“Your actions (are) how I see the world … it’s ingrained into my life,” McGill said. “I see the world through the filter of my brother’s death.”

As she spoke directly to Justen Patterson, “you stood up there and said not guilty by reason of mental disease or defect. …You are guilty.

“They are going to stamp some papers, and you’ll live your life.”

McGill further told Patterson he was not taking responsibility for his actions, which is an “ultimate tragedy, you and I both know it.”

McGill challenged Justen Patterson to live his life and find a “true, personal relationship with Jesus Christ and truly repent and find forgiveness.”

Dennis Lipsey said he won’t see his son living out his dream of being a mechanic for NASCAR.

“He was my youngest son, the only one to carry on my name, and you killed him,” the elder Lipsey said.

Tearful testimony also was provided by Lipsey’s sister, Tracy Davis.

“I appreciate the comments and understand your grief,” Satterfield said. “ … I understand you may not agree with this, but given the circumstances and finding” from the mental health officials, “the only option was to send him back to mental health.”

Satterfield then ordered Justen Patterson be committed to a secure mental health facility.

Justen Patterson, he said, may not be released without a further order from the court.