Monday, March 10, 2014
PORTLAND — Shirley Leighton of Falmouth was walking to the telephone Friday, intending to call a psychiatric facility in Westbrook to have her son Andrew committed, when he shot her in the back of the head with a gun he had bought the day before, according to a Maine State Police affidavit.
Andrew Leighton appears in Cumberland County Unified Court along with his attorney Robert LeBrasseur on Monday.
Shawn Patrick Ouellette / Staff Photographer
Andrew Leighton, 46, made his initial appearance on a murder charge in Cumberland County Unified Criminal Court on Monday. His attorney, Robert LeBrasseur, said Leighton appeared to be hearing voices during the proceeding and asked for an evaluation to determine whether his client can comprehend the court procedures he is undergoing.
Leighton, wearing yellow Cumberland County Jail clothing designating him as a maximum security inmate, answered Superior Court Justice Thomas Warren clearly that he understood the charge against him and also his rights. However, he spent much of the brief hearing looking down and occasionally nodding his head. At one point, LeBrasseur asked him if he needed to return to the court holding cell, but Leighton declined.
Warren ordered that Leighton undergo a psychiatric evaluation and, if he is found to be mentally competent, that he undergo a further evaluation to explore the issues of criminal responsibility and whether he was in an abnormal state of mind when the shooting occurred.
According to the court affidavit filed by Maine State Police Detective Christopher Farley:
Two hours before Friday's fatal shooting, Andrew and his father, Thomas Leighton, 71, were home at 19 Edgewater Road in Falmouth arguing. Leighton had been living at his parents' house for six years after a divorce. About 4 p.m. Friday, he asked his father to take him to get some beer. His father refused and said he would take him to the hospital instead, presumably for mental health treatment.
Leighton pointed a gun at his father and grabbed him when the older man tried to run away. Leighton then took his father's cellphone so he couldn't call police. Thomas Leighton managed to get away and his son chased him outside, saying, "Calm down. It's only a BB gun."
Leighton went back inside and his father stayed in the driveway until his wife, Shirley Leighton, 68, arrived home half an hour later.
The two discussed the incident, and Shirley Leighton went inside to talk to her son. A few minutes later, she told her husband that they agreed Leighton would go to the hospital at 6 p.m. He told his mother he had thrown the gun out the window, although she could not find it.
Leighton's parents did not believe he would go to the hospital willingly and thought they would have to have him involuntarily committed.
Thomas Leighton then left the house to walk the dog. When he returned, his son was outside on the steps smoking a cigarette. When Thomas Leighton asked his son where his mother was, Leighton replied, "I shot her."
Leighton ran inside to find his wife's body, with a pool of blood by her head.
Thomas Leighton turned to see his son pointing a gun at him, asking, "Do you want to live?" Thomas Leighton grabbed his son's wrist, pointing the gun upward, and the two struggled.
Thomas Leighton ended up on top of his son, asking him for the gun, then told him he was having a heart attack and needed medicine. When Leighton walked to the medicine cabinet, his father ran, screaming for help.
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