Judge orders state custody for Harris

FARMINGTON — A judge has ordered a man who was shot in the head by a Layton police officer to be placed in the custody of the Department of Human Services.

Judge Robert J. Dale also recommended Thursday that the department put Brian Lane Harris, 23, in a secure facility. A mental health review hearing is set for Aug. 8, 2013.

Harris is charged with second-degree felony discharge of a firearm with injury; class A misdemeanor failure to stop at the command of police; class B misdemeanor commission of domestic violence; third-degree felony aggravated assault; and third-degree felony obstructing justice.

The first two charges stem from a March 21 incident in which police said Harris shot his live-in girlfriend. The last three charges pertain to a domestic violence incident at the same location in February.

Harris was found incompetent to stand trial. He does not qualify to go to the Utah State Hospital for treatment, his attorney said, because the hospital only takes those who are mentally ill or have a mental disability. They do not take someone with a brain injury.

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