WASHINGTON – This week’s death of former White House press secretary James Brady, who survived a gunshot wound to the head in a 1981 assassination attempt on President Ronald Reagan, has been ruled a homicide, District of Columbia police said Friday.
Federal prosecutors said only that they are reviewing the ruling. But a law professor and an attorney for John Hinckley Jr., who was found not guilty by reason of insanity in the shooting, said bringing new charges against the 59-year-old in Brady’s death seemed unlikely.
“I think it (the medical examiner’s ruling) will mean nothing,” long-time Hinckley attorney Barry Levine told The Associated Press. “No prosecutors will bring such a case. The notion that this could be a successful prosecution is far-fetched. There is no legal basis to pursue this.”
Brady lived through hours of delicate surgery and further operations over the past 33 years, but never regained normal use of his limbs and was often in a wheelchair.
An autopsy revealed the cause of death to be a gunshot wound and its health consequences, and the manner of death was ruled a homicide, according to a news release Friday from District police spokeswoman Gwendolyn Crump. Nancy Bull, district administrator for the Virginia medical examiner’s office, which made the ruling, declined to disclose any more results of the autopsy and referred inquiries to District police.
Besides partial paralysis from brain damage, Brady suffered short-term memory impairment, slurred speech and constant pain. His family said he died Monday at age 73 at his Virginia home from a series of health issues.
William Miller, a spokesman for the U.S. attorney’s office in Washington, said the office “is reviewing the ruling on the death of Mr. Brady and has no further comment at this time.” District police and the FBI are also reviewing the case.
Tung Yin, a professor of law at Lewis & Clark Law School in Portland, Oregon, said Friday that it’s rare that the act that could be considered the cause of a murder occurred so long ago.
“It seems a little bit unprecedented,” Yin said of the Virginia medical examiner’s ruling. He said such cases more likely involve a person in a coma who dies some time later.
He said bringing such a case could cause problems for prosecutors, because Hinckley Jr. was found not guilty by reason of insanity.
“A jury has already concluded on the same incident that he (Hinckley Jr.) was not guilty. Nothing today changes that,” Yin said, even if prosecutors say Hinckley is no longer insane. “That doesn’t change what he was 33 years ago.”
Hinckley Jr. attempted to assassinate Reagan outside the Washington Hilton Hotel on March 30, 1981, just two months into the new president’s term. Reagan nearly died from a chest wound. Three others, including Brady, were struck by bullets from Hinckley’s handgun.
In 1982, Hinckley Jr. was found not guilty by reason of insanity of all charges in a 13-count indictment, including federal counts of attempted assassination of the president of the United States, assault on a federal officer, and use of a firearm in the commission of a federal offence, as well as District of Columbia offences of attempted murder, assault, and weapons charges. The District of Columbia offences included charges related to the shooting of Brady.
Levine said prosecutors would have the additional challenge of proving that Brady’s death this week was the result of an act 33 years ago. “How do you prove causation beyond a reasonable doubt?” he asked.
Gail Hoffman, a spokeswoman for Brady’s family, said the homicide ruling “is not a surprise to any of us.” She said the family would respect whatever prosecutors think is appropriate in dealing with the ruling.
Levine said that Hinckley wanted to express his deep sympathy for Brady’s family. “He has the highest regard for (James) Brady,” he said.
Officials at St. Elizabeths Hospital in Washington, where Hinckley is a patient, have said that the mental illness that led him to shoot Reagan in an effort to impress actress Jodie Foster has been in remission for decades. Hinckley has been allowed to leave the hospital to visit his mother’s home in Williamsburg, Virginia, and can now spend more than half of his time outside the hospital on such visits.
Levine doesn’t expect the homicide ruling to affect Hinckley continuing to be allowed to continue the visits.
“The court has found he has regained his mental health,” Levine said.
Brady undertook a personal crusade for gun control after suffering the devastating bullet wound. The Brady law, named after him, requires a five-day wait and background check before a handgun can be sold. President Bill Clinton signed it into law in 1993.