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Last updated on Wednesday, December 24, 2014
(FISHERS) - The attorney for Maxwell Winkler said on Tuesday that his client would seek the insanity defense.
The Fishers teen is accused of murdering 73-year-old Henry Kim in November by shooting and stabbing him. Police allege Winkler plotted a thrill kill and picked a victim at random.
The court ordered an independent expert to evaluate Winkler's mental state. The defense announced it had retained its own expert after filing a motion this week saying it planned to use an insanity defense.
Court documents show Winkler had been diagnosed with autism spectrum disorder in early childhood which impaired his perception. Court documents show Winkler was also diagnosed with major depression.
In the same court proceeding, the State also asked for the option to go after life imprisonment without parole with extra years added on to that should Winkler be found guilty of Kim's murder.
To get life without parole, the State will not only have to prove Winkler murdered Kim but that he waited for the right moment. The State statute calls it "lying in wait."
The State also asked for a firearm enhancement, which means they have to prove that Winkler used a gun to kill Kim.
That could add another five to 20 years onto whatever sentence Winkler would get if he's found guilty.
A jury trial is scheduled to begin April 7.
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