Defense rests in Nelson trial

The defense team of the woman on trial for the shooting of a law enforcement officer on Dec. 11, 2007, presented and rested its case Monday.

Joyce Smith Nelson, 62, has pleaded not guilty by temporary insanity to attempted first-degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, assault on a law enforcement officer with a firearm and discharging a weapon into occupied property.

Burke County SWAT team member Martin Lawing was shot in the neck during the stand-off. He remains paralyzed from the chest down.

Nelson's family members spoke of her history of mental illness, and expert medical witnesses outlined the history of her mental illness, which stretched back to 1979.

Janet Coleman, Nelson's half-sister, spoke on the stand about Nelson's early adult life.

"Joyce was beautiful. She was intelligent. She was so very caring," Coleman said.

But by the time Nelson was in her 20s, the family began to see "the full effect of her disease," Coleman said.

"Joyce became distant," Coleman said. Nelson separated herself from the family.

Coleman's voice shook with emotion as she confessed, "If the truth be known, and this is to my shame, I distanced myself from her because I thought if this could happen to her, it could happen to me."

Coleman said her last meaningful conversation with Nelson before Dec. 11 , 2007, occurred that November at their mother's house in Taylorsville. They spoke about God and animals.

Coleman said it's "extremely" difficult to cope with Nelson's illness.

"It's everyone that is around her, they are also affected," Coleman said.

April Brank, Nelson's daughter, also testified Monday. After visiting her mother on Dec. 11, 2007, at her grandmother's request at 1726 Suburban Drive, Lot 2, Brank went to the Burke County Magistrate's Office and requested an involuntary commitment.

Brank said she first noticed her mother's illness when she was around 12-years-old. Her mother had "started tearing at the walls saying the house was possessed."

Nelson would break mirrors and tear up family photos, Brank said. Brank went to live with her father and Nelson was committed.

On Dec. 11, 2007, Brank said she found boxes of canned food sitting outside her mother's home. Inside Nelson was talking to herself.

Brank said her mother told her to quit sweeping because the noise was bothering the neighbors. Both Brank and Coleman said Nelson was afraid of loud noises.

When Brank asked her mother if she was taking her medications, Nelson accused her of installing cameras in the mobile home.

Later that day, Brank returned to Nelson's home when Burke County sheriff's deputies called her. She confirmed that Nelson had a gun in the home.

Brank said she was not sure why the officers did not allow her to speak to her mother over the public announcement system.

But Brank didn't want to knock on the door either because if her mother put two and two together, she might be mad at her for taking out the papers, Brank said.

"I didn't want to go to her door," Brank said. "She might have blown my head off."

Last week, Burke County Sheriff John McDevitt testified that experience and training doesn't encourage allowing family members to negotiate.

Before the Burke County SWAT team attempted to deploy a bag phone in hopes of establishing communication with Nelson, Brank warned the officers about Nelson's aversion to loud noises.

Brank said officers told her they would warn her mother before throwing the bag-phone.

But Brank, with emotion, said she never heard a warning over the PA system, nor did she hear one on the recording from the bag phone.

"When momma is sick, she acts like everybody's out to get her," Brank said.

Expert witness Dr. Carol Wheeler, a psychiatrist at Broughton Hospital, said Nelson suffers from schizoaffective disorder, which has elements of schizophrenia (severe persistent auditory hallucinations and delusions) and a mood disorder (changing from manic to depressive moods).

Wheeler, who treated Nelson twice in Jan. 2008, said she suffered from paranoid delusions. Nelson was on four medications including anti-psychotics.

After officers committed Nelson on Dec. 12, doctors at Broughton found a trace amount of lithium (one of her medications) in her system.

Wheeler said that wasn't Nelson's first trip to Broughton, either.

Nelson was first admitted to Broughton in July 1979, Wheeler said. Since then, Nelson has been admitted another 10 times to Broughton, with scattered stays at other mental health facilities in the state.

Wheeler said Nelson reported having delusions that people were trying to kill her in the time leading up to the incident.

Dr. Claudia Coleman, a forensic psychologist, said Nelson described being afraid during the incident and afraid that the people outside her home on Dec. 11 were there to kill her.

Dr. Coleman said Nelson could have increased manic behaviors if she does not take her medications.

In context, the shot Nelson fired was in self-defense because she did not "understand the reality of the situation," Dr. Coleman said.

The trial continues at 9:30 a.m. today with closing arguments from the state and defense.