Pubdate: Tue, 03 Aug 2010
Source: Helena Independent Record (MT)
Copyright: 2010 Helena Independent Record
Author: Angela Brandt


A Helena man accused of shooting his wife and the couple's nanny told 
a District Court judge Monday he was mentally incapacitated at the 
time of the assault because he unknowingly ingested an intoxicant.

While Jeremy Steven MacGregor did not go into specifics during a 
motions hearing, he did reference cookies laced with marijuana. It 
was noted in the courtroom that those cookies did not come from 
within the home.

"Is it going to be your defense that you were involuntarily 
intoxicated?" asked Judge Jeffrey Sherlock.

"Yes," MacGregor responded.

MacGregor, 31, is now representing himself after dismissing his 
public defenders. He submitted evidence to the court saying he tested 
positive for marijuana when he was tested after the shooting. He also 
has filed a motion of defense stating he was "not having a particular 
state of mind."

MacGregor has not elaborated on his defense in the motions he has 
filed in court. A jury trial for the two felony charges of attempted 
deliberate homicide filed against MacGregor is slated for Aug. 16. A 
jury may be drawn today if MacGregor can schedule a DNA expert to 
examine evidence before the trial.

MacGregor had previously told the court he intended to bring forth 
evidence of self-defense.

Since the April 15 shooting, MacGregor's 25-year-old wife, Jennifer, 
and the couple's nanny, 63-year-old Betsy Mart, have both been 
released from hospitalization. Court documents note both women 
suffered life-threatening injuries in the shooting, which occurred 
following a loud argument between the MacGregors.

Also during the hearing, prosecutors argued in support of allowing 
testimony from the MacGregors' 6-year-old daughter, who was in the 
house at the time of the shooting, to be held outside of the 
courtroom. Making the girl come face-to-face with her father and 
having him question her about the incident would cause the girl 
trauma, according to Kathleen Shea, licensed clinical social worker.

Sherlock did not rule on the girl's testimony on Monday afternoon.

MacGregor remains in Lewis and Clark County jail in lieu of $100,000.
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