WASHINGTON COUNTY, Ark. (KNWA/KFTA) — Due to his mental state, a Fayetteville man was acquitted on three charges stemming from gunshots he fired at a residence in 2020.
Million Tilly, 22, was acquitted on two charges, committing a terroristic act and fleeing on foot, by a jury in Washington County circuit court on March 10 based on his “mental disease or defect,” according to court documents. The jury found him guilty of a weapons charge, but the judge set aside that verdict.
Fayetteville Police were called to investigate on August 12, 2020 after a report of shots fired on the 900 block of Applebury Drive shortly after 3:30 a.m. Upon arrival, police located several shell casings and discovered a residence that had been “struck by projectiles.”
No one was injured in the shooting. Police identified Tilly as the shooter and the 911 caller that reported the incident told them that her daughter had dated him but had not spoken to him in a year. The shots at the home caused over $2,500 in damage.
The issue of Tilly’s mental health and fitness to proceed to trial was a contentious issue leading up to his trial, with both the state and the defense filing motions pertaining to those subjects. The defense hired a doctor to conduct a criminal responsibility exam that was conducted in July, 2021.
The state then filed a motion for another such examination, stating that the defense had not submitted its forensic report to the circuit clerk or the court. It said that the defense’s report “constitutes no more than a defense expert opinion into the culpability of the Defendant.”
After a second examination, Tilly was found to have the capacity to proceed.
“In this case, the lack of criminal responsibility is far from clear in that the defense expert’s opinion differs from the court ordered expert’s opinion,” the prosecution noted.
After multiple delays, a trial was ultimately scheduled and began this week. On March 8, Judge Mark Lindsay denied a final defense motion seeking an acquittal based on Tilly’s mental state.
“Because there is a clear disagreement between experts as to the mental state of the defendant, that fact question must be submitted to a jury,” he wrote in his ruling.
One of the specific instructions provided to the jury addressed the issue directly.
“A person is not criminally responsible for his conduct if at the time of that conduct, as a result of mental disease or mental defect, he lacked the capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law,” it said.
“‘Mental disease or defect’ refers to a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life. ‘Mental disease or defect’ does no include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.”
Jury instructions, State of Arkansas vs. Million Tilly, March 10
A verdict form signed by the jury foreperson indicating that Tilly was found not guilty due to mental disease or defect was filed shortly after noon on March 10.
