GREEN BAY, WI (WTAQ-WLUK) — Oscar Lemus-Franco was committed Friday to a secure psychiatric facility for killing two family members in 2020 — but will first serve a 15-year prison sentence for attacking a police officer after his arrest on the murders.
He was also placed on extended supervision for 10 years by Judge Timothy Hinkfuss.
Lemus-Franco, 33, previously pleaded no contest to two counts of first-degree intentional homicide for the Sept. 28, 2020 murders of Gerson Alvarez-Franco and Jaime Lemus at a home on Clement Street. He also was convicted of reckless injury for stabbing an officer in the face after a short chase.
Lemus-Franco had entered a not guilty by reason of mental disease or defect plea; the so-called “insanity plea.” A jury trial had been scheduled for later this month, where a jury would have decided if Lemus-Franco was able to discern right-from-wrong at the time of the crimes.
However, an agreement between the prosecutors and defense — and approved Friday by Judge Hinkfuss — had the court accept the insanity pleas for the murders only. Lemus-Franco was deemed criminally responsible for his conduct when attacking the officer.
Lemus-Franco would serve the prison term first, and then would be held indefinitely in a secure psychiatric facility, defense attorney Shannon Viel said.
Lemus-Franco declined to address the court about the case or the two resolutions.
The case had been delayed repeatedly by competency issues, as Lemus-Franco was receiving psychiatric treatment in order to be able understand the court proceedings and assist in his own defense.
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