SUN CAPITAL BUREAU
CARSON CITY -- A man found legally insane in the burning and vandalizing of a Mormon church in Las Vegas cannot be tried on a similar offense that took place a year later, a federal appeals court has ruled.
The 9th U.S. Circuit Court of Appeals, in overturning the decision of U.S. District Judge Philip Pro, said Tuesday that to put James Carbullido on trial would violate his right against double jeopardy.
In June 1999 Carbullido told agents of the Bureau of Alcohol, Tobacco and Firearms that he had been burning and vandalizing properties of the Church of Jesus Christ of Latter-day Saints because he believed church members had planted an electrical device in his brain.
There were nine instances of arson or attempted arson on the church properties from July 1998 until June 1999.
Carbullido was indicted on the first arson that took place in July 1998. Indictments on later incidents were dismissed by the appeals court.
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