“If the jury finds that he is not responsible by reason of insanity then there are specific statutory provisions that come into effect that dictate, basically, him being committed to a mental institution,” Mull explained.
If Bagshaw is found to have acted out of sudden heat, he could be found guilty of a lesser charge of voluntary manslaughter.
“Whether or not [jurors] are instructed on manslaughter is still to be determined, although the judge did make the comment from the bench on that, that is not a given at this point,” Mull said.
The trial is scheduled to continue Wednesday morning in Clark County Circuit Court No. 4.