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Mentally ill man committed for 33 years to life for killing Berkeley man

Jeff Shuttleworth (BCN)
Friday May 29, 2015 - 04:36:00 PM

A 26-year-old man who suffers from paranoid schizophrenia was committed today to 33 years to life at a state mental hospital for murdering a homeowner in the Berkeley hills three years ago. 

Daniel Jordan Dewitt stood quietly and didn't say anything while family members of the man he killed, 67-year-old Peter Cukor, said the legal system failed because it didn't keep Dewitt institutionalized even though his mental health problems were well-documented. 

Dewitt, who graduated from Alameda High School in 2007 and is the grandson of former Alameda City Councilman Al Dewitt, used a flower pot to kill Cukor, who owned a logistics consulting firm, outside Cukor's home at 2 Park Gate Road at about 9 p.m. on Feb. 18, 2012. 

Cukor's wife, Andrea Cukor, said today that before her husband was killed Dewitt had been arrested nine times for actions related to his mental illness but each time lawyers argued that he should be released from mental institutions and judges approved his release. 

Cukor said Dewitt was "a ticking time bomb sent out into the streets, a clear danger to himself and others." 

On March 22, 2012, a month after the incident, a judge ruled that Dewitt was incompetent to stand trial and shortly after that he was sent to the Napa State Hospital for treatment. 

But last year it was ruled that he was able to understand the criminal proceedings against him and assist his lawyer and he should stand trial. 

Dewitt recently pleaded no contest to first-degree murder and other charges but a judge then ruled that he was not guilty by reason of insanity. 

The outcome of the case means that Dewitt likely will spend the rest of his life at a mental institution unless doctors determine at some future time that he's been restored to sanity. 

Andrea Cukor asked at a hearing today that was packed by her husband's family members and friends how it could be that Dewitt was not guilty by reason of insanity. 

She said, "This is not a game of semantics - lives are at stake." 

Cukor said, "The systems must change. It is time to treat the mentally ill." 

Cukor also complained that Berkeley police were slow to respond when her husband called them to ask for help. 

She said her husband told her that police were on their way but she said, "They weren't sending anyone" and "an officer who inquired was told not to respond." 

Cukor and her two sons, Alexander and Christopher Cukor, filed a wrongful death lawsuit against the city of Berkeley, alleging that police were negligent because they didn't send officers right away. The suit was settled in October 2013 for an undisclosed amount. 

The city didn't admit any fault but agreed to change the police communications center's policies in order to improve public safety. 

Andrea Cukor said today that because Dewitt killed her husband, "I no longer have anything resembling the life that I had with Peter for 42 years."  

She said her life is "shattered" and she has since sold their home and moved away from Berkeley. 

Cukor described her husband as "an exceptional man" who was "warm and kind, sweet and gentle, loyal and wise, loving and fun, capable and brilliant." 

Alexander Cukor said his father was "robust, strong, brilliant and funny" and made him feel safe and loved. 

Cukor said his father's murder "was a totally preventable tragedy" and wouldn't have happened if the legal system hadn't failed. 

At the hearing today, Alameda County Superior Court Judge Paul Delucchi said he's been involved in many horrible cases but, "This care really does stand out" because it was so tragic and involved a remarkable chain of events. 

Delucchi said Cukor's family members raised "reasonable and justifiable questions" about the way the legal system handles mentally ill people but he said, "I'm sorry that I don't have an answer and can't guarantee that it won't happen again." 

Dewitt's parents, Al Dewitt Jr. and Candy Dewitt, attended virtually all of his previous court hearings but weren't present today. 

Dewitt's lawyer, Brian Bloom, said they didn't attend out of respect for Cukor's family. 

After the incident, the Dewitts said their son was a good kid who was well-liked by his teachers and fellow students but became mentally ill after he turned 18 and was neglected by the mental health system. 

The parents said in a statement in 2012 that Dewitt "was an all-league football player, a talented writer and a passionate music lover." 

They said Dewitt had been in and out of the hospital the previous four years and, "Unfortunately, the system did not allow Daniel to receive the involuntary treatment that would have helped him because of the qualifications for an involuntary hold, which are being an imminent danger to self, to others or gravely disabled." 

 

 

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