A plea of not guilty by reason of insanity has been accepted by the court in the case of a Wellington resident. According to online court documents, Colby Sue Weathers, 41, was taken into custody and charged with first degree murder in the 2012 shooting death of her father, Tex Delana, 60.
Prosecuting Attorney Kristen Ellis said in a press release this afternoon that, prior to making any decision on the case, she reviewed findings made by doctors and spoke at length with them regarding their diagnosis.
Ellis stated that Weathers, according to Missouri law, must be committed to the Director of Mental Diseases indefinitely and will be housed in a maximum security facility. She may only be released if a hearing is initiated before a judge and she is able to prove she no long has a mental defect rendering her dangerous.
Press Release from Lafayette County Prosecutor Kristen Ellis:
On September 9, 2014, Colby Sue Weathers, 40, of Wellington, Missouri, entered a plea of not guilty by reason of insanity to charges relating to the shooting death of her father, Tex Delana. This plea was accepted by the Honorable Judge Brent Elliott in the Circuit Court of Caldwell County. The case had been transferred to Caldwell County after the defendant requested a change of judge and venue in the case. The defendant was represented by Defense Counsel, Jeff Nilson, and the State was represented by Lafayette County Prosecuting Attorney Kristen Ellis.
On June 27, 2012, Lafayette County Deputies were dispatched to the report of a shooting at the Delana residence in Wellington, Missouri. Upon arrival, deputies arrested Colby Sue Weathers for the shooting death of her father who was pronounced dead at the scene. At the time of the shooting, Weathers was living at the residence with her parents. After charges were filed, it was determined by the Department of Mental Health that Ms. Weathers was incompetent to proceed to trial and since that time, she has been housed in a facility run by the Department of Mental Health.
Weathers has since been evaluated by two different doctors, one on behalf of the State and one on behalf of the defendant. While determining the defendant was competent to move forward with the criminal case, both concluded that Colby Weathers was suffering from a mental defect at the time of the shooting and therefore is not criminally responsible for her actions that resulted in the death of her father.
Prosecuting Attorney Kristen Ellis stated she takes her responsibility to keep the citizens of Lafayette County safe very seriously. Therefore, prior to making any decision about the disposition of the case, she reviewed every conclusion made by the doctors and spoke at length with both doctors regarding their diagnoses of the defendant. She also reviewed State Law concerning the procedures following a plea of not guilty by reason of insanity. According to Missouri law, Weathers must be committed to the Director of Mental Diseases indefinitely and will be housed in a maximum security facility. Weathers can only be released if she or the hospital superintendent initiates a hearing before a judge where she must prove she no longer has a mental defect rendering her dangerous. The Prosecutor’s Office is notified of this hearing and will have an opportunity to argue against the release of the defendant.
Ellis said the plea entered by Weathers and accepted by the Court brings to a conclusion a very difficult and emotional time for the entire Delana family. This tragedy resulted in Tex Delana’s wife becoming a widow who not only lost a husband but has had to live with the fact that he died at the hand of their daughter. Ellis personally met with Mrs. Delana on numerous occasions, who made it clear that she feels the plea is appropriate in this case. While nothing can be done to undo the pain that has been caused by the defendant, Ellis believes Colby Weathers is now in a place where she cannot harm others or herself, while at the same time receiving the treatment she needs for her mental disease.