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Suspect graduated from mental health court 3 days before coming to Elementary school with an axe

JACKSONVILLE, Fla. — On Friday, students, faculty and staff at Ruth Upson Elementary were put on a code red lockdown after suspect, Eric Hurley unsuccessfully tried entering the school with an axe.

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DCPS Police were dispatched to the area where Hurley was later shot after refusing orders to drop the axe. Action News Jax has learned that Eric Hurley has a history of mental illness, according to court records.

After reviewing those records and speaking with Duval County Clerk of Courts, Action News Jax can confirm that Eric Hurley graduated from mental health court just 3 days before coming to Ruth Upson Elementary with an axe.

“The criminal justice system is designed to protect citizens from violent actors or dangerous actors, but it is very difficult to see in advance how someone’s going to behave,” says Dale Carson.

Action News Jax Law and Safety Expert Dale Carson says when dealing with someone who has mental health issues that could pose a threat to the community, the court is just a temporary solution.

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“Phycological care, psychiatric care in some cases needs to be provided to individuals who are not criminals but have a mental disability,” says Dale Carson.

Just days before Eric Hurley showed up at Ruth Upson Elementary with an axe, he was taken off probation for a previous criminal case, for grand theft auto. As part of that case, he graduated from mental health court.

Action News Jax reached out to Hurley’s former defense attorneys to learn more about Hurley’s criminal history and his requirements for completing mental health court but haven’t heard back.

But according to documents I obtained from Duval County’s Clerk of Circuit Courts, Hurley has been in the courtroom 41 times for mental health court reviews since October of 2020.

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Carson says there is a point when people with mental health issues whose criminal behavior is deemed a danger to the public get placed in facilities that can care for them. Then it’s determined if they can be allowed out in the public again.

“That requires them to be charged with a criminal event which is what would happen now provided he survive. He would be charged with terrorist activity or attempted murder,” says Dale Carson.

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Hurley faces charges of aggravated assault with a deadly weapon and trespassing on school property for last week’s incident. He could also be charged with the possession of a weapon on school grounds.