March 29, 2013 at 4:39 p.m.
Thimm bound over for trial on attempted homicide charge
Defense claims teen had no intent to kill
Following a lengthy preliminary hearing Thursday featuring testimony from the defendant himself, Judge Patrick O'Melia found there is enough evidence to try Michael Thimm, 16, on attempted first-degree intentional homicide and first-degree recklessly endangering safety charges.
Throughout the hearing the state argued Thimm intended to kill his mother's boyfriend, Joel Sandberg, when he stabbed the older man during a fight over computer usage the morning of Dec. 12, 2012.
The defense argued Thimm was provoked to action when Sandberg broke his computer which was described as his most prized possession.
Det. Sgt. Josh Pudlowski testified Thimm told him he was up until 12:40 a.m. the morning of Dec. 12 playing role playing games and did not want to get out of bed when his mother, Theresa Nordquist, came to his room to wake him for school.
According to Pudlowski's recitation of events, Sandberg told authorities Thimm uttered an obscenity at Nordquist when she told him to get up, prompting Sandberg to attempt to intervene.
A "scuffle" then ensued which included Sandberg throwing Thimm's computer to the floor.
After Sandberg left the room (he told police he went to find a phone to call 911) Thimm grabbed a folding buck knife that was on a shelf in his bedroom and went after him.
According to Pudlowski's narrative, Nordquist attempted to keep Thimm from Sandberg and he cut her to get her out of the way.
"She said she grabbed onto his waist. She didn't want him to proceed past her and cause any problems and she didn't feel he would harm her," Pudlowski said.
After cutting his mother, Thimm chased Sandberg and cut him at least twice. The incident ended when Sandberg was able to grab onto the end of the knife blade and hold it until the police arrived.
The main point both sides focused on Thursday was whether Thimm's intent was to kill, injure or scare Sandberg.
Thimm's attorneys argued he lashed out over the damage to his computer and may have been attempting to scare Sandberg. At times, the defense also implied Thimm was unsure of what Sandberg might do and was defending himself.
The state argued two statements Thimm made after his arrest show his intent was to kill Sandberg.
Pudlowski testified that when he interviewed Thimm at the police station, Thimm answered "yes" when asked whether he had intended to kill Sandberg.
The other statement related to intent was made to mental health screener Michelle Schenk, who was called to the police station to evaluate Thimm. Schenk told the court the teen told her he had wanted Sandberg to "pass out or die."
During her cross examination of Pudlowski, defense counsel Mary Burns attempted to show that Thimm, who has been diagnosed with Asperger's syndrome, was "stunned and dazed" and may not have understood what was happening during the interview. She also implied Thimm was not the initial aggressor that morning but was responding to Sandberg's behavior.
"Didn't Joel provoke Michael by throwing Michael's most prized possession to the floor?" she asked.
Schenk testified Thimm made very little eye contact and was quiet and withdrawn when she talked to him. She said Thimm told her he was slashing randomly at Sandberg and couldn't really stab anyone because the tip of the knife was broken.
The last witness of the day was Thimm himself.
Speaking haltingly and in a very soft voice, he discussed his relationship with his family and the events of Dec. 12. He said he and Sandberg have had a strained relationship for years and the morning of Dec. 12 he didn't want to go to school and was upset when Sandberg broke his computer. Thimm said when Sandberg headed in the direction of the kitchen, after the initial scuffle, he was scared that the older man was intending to get something and that's why he grabbed his knife.
After hearing from all three witnesses, Judge Patrick O'Melia determined enough evidence had been presented to move the case forward.
If not for Sandberg's actions, Thimm might be facing an intentional homicide charge, O'Melia noted.
Thimm remains free on $15,000 cash bond. At the end of Thursday's hearing O'Melia agreed to allow him supervised visits with his 13-year-old brother. O'Melia also said he would consider allowing Thimm to use a computer for purposes of completing schoolwork. A final decision on that matter will be made at a later date.
Thimm will be back in court next month when his attorneys plan to argue that the case should be moved to juvenile court.
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