Monday, August 28, 2023, 6:32 pm News Flash Archive

Thomas Perry III, the 20-year-old man indicted for murdering his 6-year-old half-brother, Orlando Pittmon, will never face trial, after Judge Joseph Loper found him not guilty by reason of insanity.

This will come as a surprise to most people, due to a misunderstanding amongst those few who attended the trial held July 10, 2023.

It was universally reported, based on press releases, that Loper had found Perry incompetent to stand trial, and that is the way The Taxpayers Channel reported it. Please see our most recent reporting of the trial, with links to all our previous articles on this murder, here: Vaiden murder suspect found incompetent to stand trial

What wasn't clear, until Loper's order was filed with the clerk, was that not only was Perry found incompetent to stand trial, he was also found not guilty by reason of insanity.

To view Judge Loper's ruling, see here: JUDGMENT as to THOMAS PERRY III

This means that Perry can never be tried for the murder and other crimes he is accused of committing in the July 9, 2022 murder and arson incident. This would hold true, even if Perry were later found to have regained competence after treatment for his mental condition.

Judge Loper sketched out the facts as they developed at the trial:

On this day [July 10, 2023], into open court came both the State of Mississippi, and the Defendant, THOMAS PERRY, Ill, each represented by counsel, the defendant having been arraigned on an indictment charging him with the felony crimes of First Degree Murder, First Degree Arson, and Aggravated Animal Cruelty, which indictment was returned by a duly sworn and empaneled grand jury, and to which indictment the defendant had entered a plea of not guilty. Upon the court's call of said cause in open court, both sides announced ready for trial, and after the defendant freely, knowingly, voluntarily, and intelligently, waived his right to a jury trial, this matter was tried by the court without a jury.

There are generally two issues involved when the defendant's attorney raises the insanity defense.

First, a defendant can claim that he is not competent to assist in his trial at the present time.

But more importantly, that defendant can also claim that, at the time of the crime, he was insane, and therefore cannot be convicted or otherwise punished for committing it.

In this case, Perry's attorney claimed he was and is insane, both at the time the crime was committed, and presently at the time of his trial.

On April 5, 2023, Loper signed an order directing that Perry undergo a mental evaluation and receive treatment. That order is sealed and cannot be viewed by the public, as is the 50-page report from the psychiatrist that was provided to the judge before the trial.

Judge Loper summarized his findings and verdict as follows:

After presentation of all the evidence and hearing argument of counsel, this court found the defendant not guilty by reason of insanity. This court further found that the defendant is still insane and is dangerous to the community.

Comments made by the judge in the court room indicated that the 50-page report on Perry's mental evaluation by the psychiatrist made it impossible for him to reach any other conclusion than that Perry is and was insane, and is still dangerous to the community.

Judge Loper concluded his ruling:

IT IS THEREFORE ORDERED, that pursuant to Miss. Code Ann. Section 99-13-7 the defendant is confined to the Mississippi State Hospital at Whitfield, MS or to any other psychiatric facility designated by the Mississippi State Hospital, where he shall remain until he is restored to sanity and is no longer a danger to the community.

IT IS FURTHER ORDERED, that the defendant is remanded to the custody of the Carroll County Sheriff to await transportation to the Mississippi State Hospital.

As of this morning, Perry has still not been transported to Whitfield, because no vacancy exists there, and no other facility has been designated by the State Hospital to receive Perry for treatment.

Perry's indictment may be seen here: Indictment of Thomas Perry III

The three counts are:

On or about July 9, 2022, in the Second Judicial District of Carroll County, Mississippi, and within the jurisdiction of this Court, [Thomas Perry III] did unlawfully, willfully, feloniously and with deliberate design to effect death, kill and murder Orlando Pittman, a human being, without authority of law and not in necessary self-defense . . . .

On or about July 9, 2022, in the Second Judicial District of Carroll County, Mississippi, and within the jurisdiction of this Court, [Thomas Perry III] did unlawfully, willfully, feloniously and maliciously burn or cause to be burned the dwelling house of April Lewis at 411 Court Street, Apt. 14 . . . .

On or about July 9, 2022, in the Second Judicial District of Carroll County, Mississippi, and within the jurisdiction of this Court, [Thomas Perry III] did unlawfully, willfully, feloniously and intentionally with malice torture, mutilate, maim, burn, starve to death, crush, disfigure, drown, suffocate or impale a domesticated dog . . . .

All of these counts were, of course, charged by the Grand Jury as being:

a common plan or scheme or related series of acts or transactions, and against the peace and dignity of the State of Mississippi . . . .

During the course of this tragedy, the name of the victim has been spelled in alternate ways. In the indictment, it is spelled "Orlando Pittman," but the funeral home that directed the service spelled it "Orlando King Pittmon."

More information about the actual crime can be gleaned from the Court's order to "Night Owl Security Products" to produce video from the surveillance system that was in place in the apartment at the time the murder was committed and the arson took place.

According to the Petition for the Order, filed with the Court by the District Attorney's office:

On July 09, 2022, the Carroll County Sheriff's Department received a call regarding a house fire at Vaiden Rental Apartments, Apartment #14.

It was reported that two (2) individuals were believed to be inside the apartment.

Following a search of the apartment, the body of Orlando King Pittmon was found inside of a utility room, located off of the main living room. This body was inside of a duffle bag, with bedding materials packed on top and around him.

In the same room, a deceased K9 was found with a knife blade protruding from his body.

Because of how the body of Orlando Pittmon was situated, it is believed that he was deceased before the fire occurred.

In the main living room, deputies located a camera system box. This box was connected to cameras in the living room that deputies believe captured the events that led to Orlando Pittmon's death.

When deputies attempted to playback the video from the camera box, it shut down repeatedly, potentially due to damage suffered during the fire.

These cameras are connected via wifi to cloud storage controlled by Night Owl Security Products.

The Petition and Order to produce the security video may be seen here: Petition and Order to Produce Security Video

John Pittman Hey
The Taxpayers Channel

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