Table 2.

Sleepwalking and Violent Behavior

Case Name or Reference	Violent Behavior	Circumstances	Evaluation	Verdict of Court
Arizona v. Falater1 (1999)	Two attacks on victim Stabbed wife 44 times 45 minutes later found her apparently alive, dragged her to swimming pool and held head underwater	First attack not witnessed. Defense suggested sleepwalking defendant had exited house to fix pool pump. Victim followed him out and attempted to stop him resulting in attack Witnessed by neighbor. While victim lay motionless on patio in back yard, defendant stood over her, left scene, retrieved work gloves from garage, returned to body and moved her in several planned stages to pool, pushed her in and held head underwater. Victim did not resist.	Not witnessed, if defense theory correct, could have been provoked by victim Unprovoked, victim was near death and could not resist.	Convicted
R v. Parks8,4 (1985) Canada	Stabbed mother-in-law to death, stabbed father-in-law who survived.	Defense experts report they believe defendant was found wandering in house by his in-laws, who attempted to restrain him.	Probably provoked attack due to in-laws physical contact	Acquitted
Bonkalo #5	Killed night watchman with gun	Awakened early in night by wife who was shouting incorrectly there were burglars in house. Grabbed gun, went to window and shot night watchman on street.	Provoked	Not Reported
Mass. V. Tirrel (1841) Boston	Cut throat of lover, set fire to room.	Approximately 4 AM loud bang heard, followed by someone running from home and fire breaking out. Defendant left city and went into hiding. Eventually captured in New Orleans several months later.	Defense included extensive testimony by family members and other regarding defendant's prior sleepwalking, but his behavior at scene is incompatible with current knowledge. Setting fire to room to cover up crime, fleeing scene and going into hiding are inconsistent behaviors.	Acquitted
Indiana v. McLain (1993)	Assaulted police officers, resisted arrest	Severely jet lagged. Only 15 hours of sleep in previous 4 days. 1.5 beers and marijuana. While a passenger in a car, stopped. Police officer approached. Stated incorrectly that he knew officer, got out of car and sat down in police car. Officer drove him over to where friends were. Both exited police car. Defendant assaulted officer. Was subdued by several officers.	Proximal cause of attack not clear. Potentiating factors sleep deprivation and alcohol present. Amnesia for event. Was in close proximity to victim	Convicted.
US v. Clayton (2000)2	Hit victim in head with hammer several times. Chased victim down street with hammer.	Requested to borrow hammer from fellow officer. Then requested screwdriver. When victim turned around, attacked him with hammer	Unprovoked	Convicted
California v. Reitz (2004)	Smashed flowerpot against girlfriend's head, dislocated elbow and wrist, stabbed repeatedly in back of neck with his pocketknife resulting in her death.	Defendant stated he awoke after dreaming about intruder. Stated type of wounds to neck similar to those he used to kill sharks.	Close proximity. Significant history of sleepwalking behaviors acknowledged by prosecution. However, his violent behavior was not thought to be out of character as he had history of domestic violence while awake.	Convicted
R. v. Lowe (2005) Manchester England	Beat father to death with repeated attacks in 3 locations of his father's home, resulting in 90 separate injuries	Both defendant and victim were severely intoxicated. Defendant apparently went to sleep in a separate room from victim. Beating continued on at least 3 occasions on different floors of the house and ended on the front walk of house.	Were apparently not sleeping in close proximity. Repeated nature of beatings in different locations not consistent with typical sleepwalking violence.	Acquitted.
R. v. Catling3 (2005) Dorset, England	Stabbed girlfriend 9 times and cut throat.	Victim attacked while asleep and lying motionless in bedroom. Defendant in living room. Defendant severely intoxicated along with at least 6 tablets of zopiclone - a sleeping pill. Had argued with victim. Victim had threatened to prevent him from seeing daughter.	Unprovoked attack.	Eventually withdrew sleepwalking defense and pleaded guilty
Pennsylvania v. Ricksgers50 (1993)	Shot wife in hip. Bullet deflected upward resulting in her death.	Approximately 1 hour after reported bedtime defendant awakened by sound of gunshot. He had retrieved gun from hiding place under mattress and shot wife in hip. Called police.	Pt. Found to have severe obstructive sleep apnea based on clinical history and polysomnography. Coroner stated this was not a homicide because of manner in which gun was fired. Provocation unknown-	Convicted

¹The author appeared as an expert witness for the prosecution in this case in Maricopa County, Arizona.

²The author appeared as an expert witness for the prosecution in this U. S. Army General Court Martial case.

³The author acted as a scientific consultant for the Crown Prosecution Service in this case. The sleepwalking defense was eventually withdrawn and defendant sentenced to life in prison.