VIRGINIA BEACH, Va. (WVEC) -- A judge granted a man accused of decapitating his son in 2009 conditional release from the hospital.
Police charged Joseph Henry Hagerman III with the murder of his 5-year-old son. Hagerman claimed he was trying to save the boy from the Antichrist.
Hagerman was found not guilty by reason of insanity. He also was accused of cutting his wife as she tried to save their son.
A forensics review panel at Eastern State Hospital recently recommended Hagerman for conditional release.
The Virginia Beach Commonwealth's Attorney's Office expressed its opposition to Hagerman's release. A judge granted the prosecution's request for an independent evaluation, ordering two evaluations.
Doctors say Hagerman is ready for release w/ conditions, calling him a "Model patient". #13NewsNowhttps://t.co/olsHRgc0Jx…
— Steven Graves (@13StevenGraves) May 8, 2017
Several mental health professionals testified Monday, calling Hagerman a "model patient." They said he constantly "self reports" hallucinations or potential episodes to staff members at Eastern State Hospital where he has received treatment for about eight years for schizophrenia.
The doctors told the judge that medication has kept Hagerman stable and that he has had roughly 150 48-hour passes since 2015. Those have allowed him to be in adult foster care or visit family.
Conditional release will require he have daily contact with professionals, live with family, and adult foster care. Essentially, he'll never be alone and someone will always be present to administer medication.
"People will be able to see his different behavior,” said defense attorney, Annette Miller.
The commonwealth's attorney's office questioned if Hagerman would continue to self report once he was granted the release and argued the murder of his son still affects Hagerman and always will.
Prosecutors said they worried that another "extreme" episode could happen if Hagerman's medication were to change.
“I think we’re happy that it’s over with. We’re just trying to move on,” said Maria Lancaster, Hagerman's sister. “We love our family and I don’t think he [killed his son] out of malice.”
The judge said the "crux" of this case is if Hagerman has a strong support system that will hold him accountable for taking his medication. She believed that to be true following testimonies from family and professionals.
After rendering her decision granting the conditional release, Judge A. Bonwill Schockley said, "I'll pray I've done the right thing."