LAKEPORT, Calif. – On Wednesday a judge ordered that a man found not guilty by reason of insanity last fall of a September 2011 shooting be sent to a state mental hospital.
Retired Lake County Superior Court Judge Arthur Mann sentenced Andrew James Serrano, 42, to the commitment at the Napa State Hospital following a Wednesday morning hearing that was a continuation of a proceeding that began last Friday.
Mann also sentenced Serrano to a five-year state prison term for assault with a deadly weapon, stalking, two counts related to violating a restraining order and two counts of annoying or harassing phone calls, charges that related to a July 2011 incident in which he rammed the SUV driven by his then-wife, Lesa, accompanied by her friends, sisters Katrina and Kayla Hickey.
However, due to the fact that Serrano has been in custody for three and a half years, that time served – as well as other credits – means that prison term has been covered, according to Deputy District Attorney Alan Upton.
In September 2011 Serrano confronted his estranged wife at the home where they formerly had lived in Kelseyville, while she and Willy Turner were picking up furniture.
Serrano shot Turner at point blank range through a door and then found his wife hiding in the garage. He dragged her outside by the hair, hitting her in the face and strangling her.
Three sheriff's deputies – Mike Curran, Andrew Davidson and Gary Frace – showed up during the middle of the violent confrontation and arrested Serrano, with Turner being flown out to a regional trauma center.
Last fall, Serrano stood trial for the attempted murder of Turner; aggravated mayhem; simple mayhem; assault with a firearm; spousal abuse; criminal threats; false imprisonment; assault with a deadly weapon; hit and run; stalking; three misdemeanors relating to his alleged violations of a domestic violence restraining order against his wife and civil restraining orders against him held by the Hickeys; and special allegations involving personal use of a firearm, great bodily injury and potential strikes.
In October, a jury found Serrano not guilty of the attempted murder of Turner and leaving the scene of an accident, and deadlocked on aggravated mayhem.
They also found Serrano not guilty by reason of insanity with a number of charges associated with the September 2011 incident, but convicted him separately of several charges related to the July 2011 vehicle ramming incident.
About two months after the verdict, Serrano's attorney, Mitch Hauptman, asked two psychologists hired by the defense – Dr. John Podboy and Dr. Albert Kastl, both of whom had testified at Serrano's trial – to evaluate his mental condition in order to see if his sanity had been restored.
In a three-hour hearing Friday afternoon, Podboy and Kastl – who had separately evaluated Serrano in two-hour sessions – testified that they believed that Serrano was no longer insane. Podboy held that Serrano no longer was mentally ill, but Kastl said Serrano still suffered from a depressive disorder.
Mann held the hearing over until Wednesday in order to do more research, noting that the area of the law regarding such sanity issues and hearings is not well defined.
Victims give statements to court
At the Wednesday hearing, four of the people assaulted by Serrano gave victim impact statements to the court, with his former wife Lesa Turner – who in December married Willy Turner – leading off.
“I am beyond disappointed with the decision of the jury and I am exhausted by this whole ordeal,” she said, adding that Serrano doesn't deserve any more of her time.
She said her oldest son has sided with his father. Her two younger sons remain resilient and strong. “They have had to wrestle with the choices of their father.”
Speaking of her new husband, she said, “Willy is a strong, caring man who lives with conviction.” Serrano, she said, made the decision to hurt Willy Turner and “blatantly told me that he did not care.”
She continued, “As for you personally, Andy, I do blame you. You knew what you were doing, every step of the way.”
Lesa Turner said her ex-husband had told her he wanted her gone, so she left. “You were hell bent on 'making me pay',” adding he was almost successful in killing her.
She credited God with saving her, and said ultimately Serrano would have to face God over his choices.
In her statement, Katrina Hickey recounted going out to dinner with her sister and Lesa Turner in July 2011, and seeing Serrano circling the restaurant in his vehicle.
They called 911 as Serrano pursued them, coming into their lane, ramming their vehicle and leaning over in such a way that they thought he was picking up a gun.
She said Lesa Turner drove to the Lakeport Police Department, where they reported the incident. A short time later, a friend of Hickey's reported that Serrano had just driven by her home, yelling.
She recounted needing to live with her mother for months after the incident due to her fears of being alone, and said she has needed counseling.
Knowing Serrano won't be in prison, Katrina Hickey said she has no peace and suffers from extreme anxiety.
Kayla Hickey, who kissed her sister before going forward to give her statement, told the court, “There will never be a good enough reason to stalk and terrorize another person.”
She said of Serrano, “We have watched as he has played the helpless victim in court,” a situation she said isn't a matter of mental health but of character.
Serrano's victims had held out hope for justice in court. “Unfortunately, that wasn't the case at all,” she said.
She asked Judge Mann to take all of those issues into consideration, and to help restore their faith in the system.
“In many ways Andy got away with the crimes he committed,” she said, calling him selfish, manipulating and a coward.
Kayla Hickey said she believes Serrano will try to finish what he started once he's out of custody. “There is no cure for evil.”
Willy Turner was not present at the hearing, but he submitted a statement, which Upton read.
Like his wife and the Hickey sisters, Turner recounted his shock at the jury verdict, stating that Serrano faced minimal consequences for his actions.
“How many chances does one man need – or deserve – to do right?” Turner asked in his statement.
He said Serrano mocked the leniency shown to him and spit in the eyes of those who gave him chances.
“Justice will one day come for you,” said Turner who, like his wife, credited God for saving his life.
Judge announces decisions
Following the victim statements, Mann turned to the matter of his sentencing decisions.
He said he was inclined to follow the Lake County Probation Office report and give Serrano the upper prison term – rather than probation – for the charges associated with the vehicle assault, stalking, harassment and restraining order violations.
He said the crimes involved great violence and showed a degree of cruelty as well as planning. “The defendant has inflicted emotional injury to the victims.”
All of Serrano's cases taken together show an increase in seriousness. Mann said he was concerned due to the number of times Serrano violated the restraining orders.
He concluded that Serrano was not a good candidate for probation, as there appeared to be a high likelihood of him being a danger to others – particularly Lesa and Willy Turner – if released.
Mann said the aggravating circumstances – the violence and cruelty of the crimes, along with the planning and the danger to society – outweighed the mitigating factors, such as Serrano's lack of a prior criminal record and his mental condition, leading to the five-year prison sentence.
He held off on ordering restitution due to the different amounts listed in the probation report – more than $30,000 in one portion, more than $60,000 in another. Hauptman requested there be no restitution paid to the victims.
Regarding the matter of Serrano's mental state, Hauptman argued that the penal code doesn't require that Serrano not have mental illness, just that he be determined to no longer be insane. He maintained there was “overwhelming” evidence that Serrano is no longer a danger.
“We're not talking about restoration of sanity here,” which is a separate proceeding, said Upton. Rather, they were talking about a full recovery of sanity, which is meant to show there is no mental illness whatsoever.
He recalled Kastl's Friday testimony that Serrano continues to suffer from a “significant amount of depression.”
If Serrano is still suffering from mental illness and requires treatment, it doesn't rise to the level of recovery of sanity, Upton said.
Mann then went over his conclusions.
“The court does not find that the defendant has fully recovered his sanity at this stage,” said Mann.
With all due respect to the psychologists who testified, Mann said, “I was struck by the lack of explanation as to why the defendant may have had this 'miraculous' turnaround” after suffering from longstanding major depression.
“I find it difficult to believe that simply being housed in the Lake County Jail since that time from the trial date 'til sentencing would case the defendant to get rid of this longstanding mental illness,” he said.
Mann said he “did not give great weight” to the testimony of either psychologist, other than to Kastl's conclusion that Serrano continues to suffer from a mild depressive disorder.
He said the probation report indicated that the maximum time Serrano could be in treatment would be 25 to 40 years due to the seriousness of the counts. Mann estimated that Serrano's maximum prison sentence – without the not guilty by reason of insanity verdict – would have been 35 years to life.
After handing down the five-year prison term on the six counts not related to the September 2011 shooting, Mann issued a 10-year restraining order protecting Lesa Turner from contact with Serrano.
The judge then ordered Serrano be remanded into the custody of the sheriff in order to be delivered to the Napa State Hospital.
Upton said the state hospital could hold Serrano for life if they chose to do so, based on the lengthy prison term he had been facing.
There isn't an automatic release process, said Upton. For Serrano to be released, there would have to be a petition for release filed either by Serrano or authorities.
A minimum of 180 days must pass before such a petition – and a resulting hearing on Serrano's sanity – can occur, Upton said.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
