Ruled not guilty by reason of insanity regarding a fatal 2017 crash in which he intentionally drove his car into the Taco Bell restaurant in Swainsboro, a judge released Oliver Cope Friday into parental custody.
The tragic act that killed a woman and injured seven, including children, was possibly caused in part by a bad reaction to medication prescribed for mental illness, his attorney said.
"The events of September 28, 2017, have caused great harm and grief to many people and families," said Statesboro attorney Dan Snipes, who represents Cope.
In a statement released Monday, he said: "The Cope family continues to express remorse and sorrow for this harm. Without question, these events created incredibly difficult circumstances for all involved.
"The difficulty of this case was also borne by those with responsibility for applying the law to the facts surrounding the accident," he said. "The facts of the case were undisputed throughout. These facts pointed to a single outcome, that Oliver Cope was not criminally culpable for the accident due to a sudden onset of delusions created by a reaction to improper medication. The State of Georgia, though the District Attorney, hired two forensic psychiatrists who reached this conclusion."
Actually, according to court documents regarding Emanuel County Superior Court Judge Kathy Palmer's ruling that Cope does not meet criteria demanding commitment, Cope "underwent three different forensic psychiatric evaluations" after his arrest for the incident.
Filed April 12, the document stated "proper officials of the Department of Behavioral Health and Developmental Disabilities at Georgia Regional Savannah have sent a report to the Court regarding the defendant's present mental condition and whether the defendant meets the criteria for inpatient commitment under OCGA 17-7-131(d)."
Diagnosis at time of crash
According to the document, a Georgia Regional doctor diagnosed Cope after the Sept. 28, 2017, crash as "suffering from bipolar disorder, manic, severe with psychotic features." At the time of the crash at the Taco Bell, Cope was "experiencing auditory hallucinations and delusions."
In the preliminary evaluations, all three doctors "opined that, while he was able to assist his counsel due to … treatment (in the months after the crash), Mr. Cope was not able to distinguish right from wrong and was being led by a delusional compulsion which overmastered his will at the time of the incident."
Cope crossed four lanes of traffic to slam into the restaurant. The act caused the death of a woman, Macy Lynn Purvis Mullis, as well as critical injury of three juveniles and four other adults.
During previous court hearings, doctors told the court that on the day of the fatal incident, due to his mental illness, Cope suffered "a desire to commit suicide in order to save others" and believed he could "save humanity" by doing so.
In his statement Monday, Snipes said: "The Court and the District Attorney applied the facts to the law as required by law. The Cope family appreciates the Court's and the District Attorney's professionalism and courage in applying the law to the facts of this case in light of the extreme harm caused by the events on September 28, 2017."
He further explained Cope's battle with mental illness.
"As recognized by the Court and District Attorney, Oliver Cope began experiencing mental health symptoms in the summer of 2017," he said. "Although Mr. Cope was being treated, his initial diagnosis was not complete and the prescribed medicine actually worsened his condition, rather than alleviating the condition. Upon beginning classes at the University of Georgia in August of 2017, Mr. Cope began seeing physicians at University Health Services. His physicians in Athens increased the dosage of the selective serotonin reuptake inhibitors (SSRI) class of medication prescribed for his condition. Unfortunately, this increase in his medication caused Mr. Cope to begin experiencing more severe mental health symptoms."
Cope's parents were not familiar with everything their son was experiencing due to privacy laws, he said.
"During this period of time, Mr. Cope's parents were prevented from obtaining detailed health information from medical providers due to HIPPA laws and from the university due to student privacy laws."
Recent findings and release
The court documents filed regarding Cope's release to parental custody outlined doctors' findings in a February evaluation.
"Since his admission on March 24, 2017, Mr. Cope has been free of symptoms of mood and thought disorder throughout his admission to a forensic unit at Georgia Regional Hospital in Savannah," the document read. "He has not demonstrated any psychotic symptoms, hallucinations, or delusional thinking. He has repeatedly and convincingly denied suicidal and homicidal ideations. He has been without incidents of self-injury or aggression. He has not demonstrated any signs or indications of violence. His reality testing is intact. … He has been compliant with medication and understands his mental illness and the necessity of ongoing treatment."
Snipes said once Cope was properly diagnosed and treated, his mental condition greatly improved.
"Shortly after the tragic events on September 28, 2017, Mr. Cope received a thorough mental health examination," he said. "This exam resulted in his condition being properly diagnosed and proper prescription medicine being taken. Since beginning the proper medication and while continuing to receive treatment, his condition has become asymptomatic. The Court's order, that releases him from the custody of Georgia Regional Hospital, recognizes that Mr. Cope has not exhibited any symptoms related to his condition for in excess of one year."
According to the court documents, Georgia Regional Hospital authorities "recommended that Mr. Cope be conditionally released as allowed by OCGA 17-7-131(d)."
Dr. Ivy Hofstadter, Psy.D., a forensic psychologist who has observed and treated Cope since March 2018, "has provided testimony to supplement and support the findings" and "testified that Mr. Cope's mental illness is currently in remission and that he does not pose a risk of imminent harm to himself or others," the document stated. "Cope does not meet the criteria for inpatient care" as required by law.
Other doctors also testified that Cope does not currently meet requirements for commitment.
"Mr. Cope does not meet the legal standard required for continued inpatient treatment," Snipes said. "The Court's order is based on the testimony and reports of two doctors who have seen Mr. Cope over a wide range of time since this occurrence. One of these doctors is Mr. Cope's primary treater at Georgia Regional Hospital and has been in almost daily contact with him for over a year. Both doctors independently reached the same conclusion, that Mr. Cope does not present a risk of harm to himself or others."
Conditions of release
According to court documents, a conditional release report by Georgia Regional requires Cope "reside at his parents' personal residence, that he receive psychotherapy services, that he receive psychiatric care from a licensed physician, that he be subject to random drug screens and lab work to monitor any potential substance use, that his driving privileges be restricted, and that he not be allowed access to firearms or any devices that are primarily designed for use as a weapon."
Cope's doctors are to monitor his condition, and the Department of Behavioral Health and Developmental Disabilities must provide reports to the court upon demand, according to Palmer's ruling.
The matter will be reevaluated after a year and the court will decide on continued treatment or a full release, the document stated.
In the event of any concern, Cope is to be returned to a hospital.
"If Mr. Cope's clinical condition or conduct presents an emergency that necessitates hospitalization/stabilization, he is to be immediately transported by any law enforcement agency to the nearest Crisis Stabilization Unit or DBHDD receiving facility," the court order said.
Other terms of Cope's conditional release include a curfew between 8 a.m. and 6 p.m. unless accompanied by an adult 25 or older, approved by parents. He will not be permitted to operate a motor vehicle and is "banished from Emanuel County, except for court appearances and travel through Emanuel County on a main thoroughfare."
Cope is also to have no contact with the victims or families of the victims and cannot leave Georgia or South Carolina without court permission.
Herald reporter Holli Deal Saxon may be reached at (912) 489-9414.