HOUSTON -- Charges against an accused cop killer are expected to be dropped because prosecutors believe he was insane when he committed the crime, according to several law enforcement sources.
In 2009, prosecutors charged Sergio Robles with capital murder in the shooting death of Pasadena Officer Jesse Hamilton. On the morning of August 21Hamilton was dispatched to a disturbance call at Robles’ mother’s house near the intersection of Shaver and Queens.
Robles is schizophrenic and his mother called police after he had an episode, said his attorney, Katherine Scardino. Scardino said Robles had been sitting in the Harris County Jail on an unrelated incident the day before and he never received his medication. When Officer Jesse Hamilton showed up, Robles shot and killed him, police said.
Court documents 11 News obtained showed that Robles' attorney ordered a psychiatric examination for her client and a doctor concluded he was insane. The document reveals the state hired its own forensic psychiatrist who asked for two interviews with Robles last month. The results of those tests have not been made public.
While both the state and the defense agreed that Robles pulled the trigger, Scardino said prosecutors conceded he was insane.
“The defense expert has concluded that he was insane at the time of the offense and the states’ expert has come to the same conclusion,” said Scardino. “So what we have is an individual where both opposing experts have come to the same conclusion, which I venture to say is highly unusual.”
Pasadena police officers, who did not want to be identified, said that Pasadena's police chief and the prosecutor on the case met with Hamilton's mother, father and brother behind closed doors at the city's police station last Thursday to let them know of the development.
In a statement released Thursday the Pasadena Police Union expressed sadness and disappointment in the conclusion of the case.
“It’s in our blood to seek justice when anyone is senselessly murdered let alone one of our own. In a way, no trial feels like we missed some level of justice,” said Eddie Rogge, President of the Pasadena Police Officers’ Union. “It’s a hard pill to swallow, but mental health crisis is something we face on an almost daily basis and our system of justice requires that you be able to reason right from wrong.”
11 News legal expert Gerald Treece agreed.
"Our criminal justice system says that people should be responsible for the acts they do when they know what they're doing. In this case, this man obviously is mentally ill,” he said.
The District Attorney's Office said it can't comment on the new information because of ongoing litigation.
The aggravated assault and capital murder charges remained on the books Wednesday night.
Hamilton was 29-years-old and had patrolled the streets of Pasadena for nearly five years. He was married and had two young daughters who fellow officers said worshipped their father.
