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Elevator Killer Deemed Incompetent, Released

It was a brutal murder caught on tape, but the man responsible faces no charges and is back on the street.

Surveillance tape recorded inside of an elevator at the Vine Hill Towers showed the moments before David Appleby was stabbed to death.

Appleby entered an elevator inside the building last July. John Henry Roberts, 56, followed Appleby. 

The video showed Roberts attacking Appleby. He stabbed Appleby four times. Appleby later died. 

 "You don't just brutally murder someone and get away with it," said Eddie Appleby, Appleby's brother

He doesn't plan to look at the tape. But he hopes others will.

He can't believe Roberts is back on the streets after he stabbed his brother to death.

"The witness said when he stuck it in my brother he turns the knife.  He's not a danger?  As God is my witness how can that be?" Appleby said.

Appleby held a bat as Roberts followed him into the elevator wielding a bat and a large knife. 

Roberts attacked Appleby and a third man tried to stay out of the way.  Roberts stabbed Appleby at least four times.

"It's been really frustrating especially to have to sit down with Mr. Appleby's family and explain to them that this man is not going to be prosecuted for the crime he's accused of," said Rachel Sobrero, assistant district attorney.

Prosecutors wanted to keep Roberts locked up, but two different doctors determined he was not competent to stand trial. 

Roberts has an IQ around 57. The doctors also ruled Roberts was not a danger to himself or others so he couldn't be committed.

"It's troubling they could make a determination that he's not a violent person and that he's not a danger," Sobrero said.  "The video speaks for itself."

Roberts has a criminal history.  He was arrested in 2001 for domestic assault and in 1984 for simple assault.

"This man needs help. He doesn't need to be roaming the streets.  If he gets mad at somebody else he could just kill somebody else because, in his mind, he thinks it's okay," Appleby said.

Prosecutors had hoped to declare him mentally retarded so he would have to stay in a mental institution.

But doctors refused to do that.  They said because they didn't have any of Roberts' records as a child, they couldn't legally declare him mentally retarded.  They would need either his school or medical records to do and no one has been able to find them.

"I'm not mad at the man that done this.  I'm mad at the system.  How can the system turn somebody away that murdered somebody?" Appleby said.

Roberts was released from jail a few weeks ago.  He lives with relatives. 

Prosecutors said the judge had no choice after the doctors had made their decisions. They continue to review their options with the case. They don't rule out the possibility that new charges could be filed.

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