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Crime & Safety

Man Who Torched Beverly Hills Residence Was Sane, Judge Rules

The 23-year-old also set fire to a Hollywood synagogue.

A 23-year-old man who admitted setting fires at a Hollywood synagogue and a hillside residence in Beverly Hills was sane at the time of the crimes, a judge ruled Wednesday.

Dmitriy Sheyko pleaded not guilty by reason of insanity on Feb. 26 to 22 counts, including arson, burglary and use of a destructive device. The defendant, who suffers from schizophrenia, according to expert testimony during a two-day sanity hearing, waived his right to have a jury hear his case.

Los Angeles Superior Court Judge Sam Ohta read a lengthy analysis of the facts and California case law related to an insanity defense before making his ruling.

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“The burden of proof is on the defendant'' to show that he is incapable of knowing or understanding what he did or of distinguishing right from wrong, Ohta said.

Over a period of four days, Sheyko burglarized a Fresh & Easy market, broke into a classroom and set a fire at Temple Israel Hollywood, and broke into a home and guesthouse on Beverly Ridge Terrace, returning later to set fires on the property.

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A doctor who testified for the defense said Sheyko's answers in an interview with Los Angeles Police Department officers were “odd'' and “disjointed'' as a result of what he characterized as the defendant's severe mental illness.

Talking about setting fire to a drum, the young man told officers, “I felt really bad because drums are really expensive, but I get intrigued.''

But an expert for the prosecution pointed to the defendant's calm cooperation with officers as evidence that he was not in the midst of a psychotic episode.

Ohta singled out a videotaped interview with arson investigators as “highly illuminating.'' During the interview, Sheyko was alert and able to remember complicated sequences of what he had done, according to the judge, who stressed that he had sympathy for the defendant's illness.

“If Mr. Sheyko was not suffering from schizophrenia, these events probably would not have occurred,'' Ohta said, but added that doesn't change the fact that “the defendant was legally sane at the commission of the incidents.''
The judge said he wasn't immediately prepared to sentence Sheyko. Defense attorney Deborah Horowitz said she would like to ask the prosecution's expert to testify at the sentencing hearing. Horowitz said that doctor approached her after the sanity hearing to say he didn't believe Sheyko was dangerous and that he was not likely to re-offend if he was receiving
treatment.

Sheyko may be eligible for confinement in a state hospital if sentenced to prison, but that would be up to the discretion of state corrections personnel.

He could also be granted probation, but the prosecution expressed some concern.

“Is he going to slip off his meds and burn somebody's house down?'' asked Deputy District Attorney Sean Carney, who also expressed sympathy for the issues raised by mentally ill defendants with no prior criminal acts.

Horowitz expressed skepticism about whether her client would really get the help he needs, either in state prison or on the outside, depending on the judge's verdict.

“There are no mental health facilities that will take people charged with arson,'' Horowitz said of her efforts to find a solution for her client.

The defendant's parents, who live in Sacramento, were in the courtroom Wednesday.

Ohta scheduled a May 9 hearing to prepare for sentencing.

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