The insanity defense is no longer an option for Jason Dalton, his attorney said Friday.
Eusebio Solis, Dalton's defense attorney, said an independent forensic evaluation found Dalton did not meet the legal requirements for an insanity defense.
The evaluation to determine criminal responsibility looked at whether Dalton was mentally ill, and if that illness made him unable to understand right from wrong, or control his actions the night of the shooting spree he’s accused of committing.
Kalamazoo County Prosecutor Jeff Getting explained what the evaluation entails when Dalton’s attorney filed intent in June 2016 to use the insanity defense.
At his preliminary hearing a week later, Dalton appeared erratic and was dragged out of the courtroom by deputies following an outburst in court.
In the hours after his arrest, investigators said, Dalton told police the Uber app took control of his mind and made him to commit mass murder.
The jury will not hear those statements along with Dalton's alleged confession. The Michigan Court of Appeals found police violated Dalton’s rights by questioning him despite his repeated requests for an attorney and ruled to suppress his statements.
Dalton, 48, faces counts of murder, two counts of attempted murder and eight felony firearms charges. He is accused of killing six people and seriously injuring two others during a random shooting spree Feb. 20, 2016.
The prosecution is expected to present video evidence and call eyewitnesses to testify against Dalton.
Dalton's defense will be revealed Tuesday when opening statements are set to begin.
The second day of jury selection wrapped up Friday. Attorneys whittled down the pool of potential jurors from about 200 to 100 people.
The selection process Thursday and Friday focused on hardships potential jurors would face.
Attorneys will question potential jurors Monday about their ability to be fair and unbiased given the media attention surrounding the case.
The trial is expected to last up to two weeks.