FRANKLIN — On Oct. 11, 2020, Franklin police rushed to the Spruce Pond Condominium Complex on King Street for a report of a man undergoing a "mental health crisis."

When officers arrived, it is alleged that a 53-year-old man opened fire at them, firing at least six shots. No one was injured.

That man is now free. After a trial in November, Norfolk Superior Court Judge Douglas Wilkins found him not guilty due to a lack of criminal responsibility — what is often referred to as not guilty by reason of insanity.

Not guilty by reason of insanity is not an unusual finding, according to Daniel Cappetta, a Framingham-based defense lawyer who was not involved in the Franklin case. In many less serious crimes, such as shoplifting or minor assault cases, if the case makes it to trial, an insanity defense is used.

"In most cases, most of the time, they're not being held in jail, they're out and getting treatment," Cappetta explained. "By the time they get to trial, they've been in treatment for a while and the commonwealth doesn't feel they're dangerous and they can go back to living their lives."

In more serious cases, a defendant may be held at Bridgewater State Hospital. If they are found not guilty by reason of insanity, the prosecutor can file a motion to have the person sent back to Bridgewater for a 40-day evaluation.

Annual requests, based on dangerousness

After the evaluation, Bridgewater can request that the person be held for another year. And the hospital can make that request annually, as long as medical personnel feel the person continues to be dangerous, Cappetta said.

"They could be committed year to year, indefinitely, and could be held in perpetuity receiving mental health treatment," Cappetta said.

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In most cases involving violent offenses, prosecutors will make such a request. Judges can do so as well.

In the Franklin case, the suspect was released from custody in March 2021, and received treatment until his trial in November 2022, Norfolk County District Attorney spokesman David Traub said.

At that time, three individuals — a doctor from Bridgewater, an expert hired by the defense team and an independent expert hired by the District Attorney's Office — agreed during testimony that the man lacked criminal responsibility at the time of the incident, Traub said.

"He has continued therapeutic progress since leaving Bridgewater and there have been no issues," said Traub. "So he was not committed."

Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date public safety news, follow him on Twitter @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.

This article originally appeared on The Milford Daily News: Franklin man was found not guilty by reason of insanity. What's next