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By: Stephanie Stang
Updated: Wed 8:08 PM, Jul 30, 2003
Police say McCrobie went a house in Campbellsville looking for his former roommate and lover, thirty one year old William Shively. When McCrobie aproached the door, Shively’s sister, 35-year-old Melissa White, answered. The two then argued and she slammed the door. McCrobe came back with a gun and shot White in the arm and chest.
After McCrobe shot White, he ordered Shively to leave with him at gunpoint. McCrobe drove Shively from Campbellsville to Greensburg. A short time later Shively escaped at the Shell station in Greensburg.
Police then apprehended McCrobe outside of Columbia. He is being held at the Marion County Jail with seven felony charges. Meanwhile White is recovering from the gunshot wounds at the University of Louisville Medical Center.
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EXCERT FROM Commonwealth of Kentucky Court of Appeals NO. 2011-CA-001763-MR
McCrobie claims that at the time of the offenses he was suffering from a severe adverse reaction to Lexapro, an antidepressant medication. The drug supposedly caused him to have extended psychotic episodes and blackouts.
Taking McCrobie’s allegation that he was involuntarily intoxicated at the time of the offenses as true, we are unable to conclude trial counsel’s decision not to reference McCrobie’s state of involuntary intoxication amounts to deficient performance. As explained, McCrobie’s trial strategy was to present a mental health defense, i.e., that he was functioning under such impairment from the dissociative amnesia and PTSD that he could not form the requisite criminal intent.
According to Dr. Johnson, dissociative amnesia and intoxication are mutually exclusive. That is, a person may only be diagnosed with dissociative amnesia if the memory lapse or blackout is not the result of intoxication, whether from alcohol or any other chemical substance.