San Francisco, CA – Today, San Francisco District Attorney Brooke Jenkins announced that her office secured a unanimous jury verdict finding that Brian Thompson (58), who was committed to a state hospital following a 1987 murder, has not been restored to sanity. The verdict means Mr. Thompson will remain under the care and supervision of the California Department of State Hospitals.
“This verdict reinforces the importance of ensuring that individuals who have committed serious acts of violence receive the mental health treatment and supervision necessary to protect public safety,” said District Attorney Brooke Jenkins. “Our justice system must balance the rights of individuals receiving mental health treatment with our responsibility to protect victims and the broader community. Today’s verdict ensures that Mr. Thompson will continue to receive the treatment and supervision required by law.”
According to testimony and evidence presented at trial, on March 15, 1987, Brian Thompson murdered an elderly neighbor who had welcomed him into her home and provided him with a place to stay. Mr. Thompson repeatedly punched the victim, slashed her throat, and stabbed her multiple times in the breasts, neck, and vagina. Evidence presented at trial also indicated that the victim had been sexually assaulted. Following the murder, Mr. Thompson entered a plea of not guilty by reason of insanity and was committed to the California Department of State Hospitals, where he remained under state supervision.
In 2024, Mr. Thompson was placed in the Conditional Release Program (CONREP), which allows eligible individuals to receive outpatient mental health treatment in the community while remaining under supervision. Mr. Thompson subsequently petitioned the court for restoration of sanity pursuant to California Penal Code section 1026.2. Following a jury trial, jurors deliberated for less than one hour before unanimously finding that Mr. Thompson had not been restored to sanity. As a result, Mr. Thompson will remain under the care and supervision of the Department of State Hospitals.
Under California law, individuals found not guilty by reason of insanity may be committed to a state hospital for mental health treatment rather than sentenced to prison. These individuals may later petition the court to determine whether their sanity has been restored and whether they can safely be released from court-ordered treatment and supervision.
Under Penal Code section 1026.2, a restoration of sanity proceeding evaluates whether an individual continues to pose a danger to the health and safety of others due to a mental disorder.
These proceedings are an important safeguard within the criminal justice system. They ensure that decisions regarding release from mental health supervision are based on evidence, careful evaluation, and established legal standards.
A restoration of sanity trial is distinct from a competency trial, which determines whether a defendant is mentally capable of understanding and participating in criminal proceedings.
The case against Mr. Thompson was successfully prosecuted by Assistant District Attorney Asha James, with assistance from Paralegal Patricia Mathies; Assistant District Attorneys Edward Mario and Yuri Chornobill; and District Attorney Investigators Molly Braun and Gino Guerrero.
“I am deeply grateful to the jury for their exceptional focus and for delivering a swift, just verdict that reflects the important role mental health treatment plays in keeping our community safe,” said Assistant District Attorney Asha James.
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