2006 murder revisited in local court

BLOOMFIELD, Mo. - It's been just more than five and one- half years since Nada Van Gennip, 80, was found murdered in her Advance apartment.

Her son, David Van Gennip, was charged with her murder. He was alleged to have stabbed her between 200 and 300 times with a pair of scissors. After the murder, he allegedly fled north in his mother's car.

Once authorities arrived on the scene, Stoddard County Sheriff Carl Hefner issued an All Points Bulletin (APB) for the car.

In short order, Van Gennip was found on the side of Interstate 55 near Ste. Genevieve covered in blood beside his mother's car, which had broken down on the highway.

Following several months in the court system and a psychiatric evaluation, Van Gennip pled not guilty by reason of insanity. He was then committed to the Missouri Department of Mental Health where he has remained since.

Monday morning his case was revisited.

In January, Stoddard County Prosecuting Attorney Russell Oliver filed a civil suit on behalf of the county against the Missouri Department of Mental Health. Oliver alleged that Van Gennip had been moved to a new facility that lacked adequate security.

Oliver stated that Van Gennip has been housed at Southeast Mental Health Center in Farmington. During his stay, Van Gennip has gained privileges over time and recently moved to the highest status level which earns a patient the right to be housed at the facility's cottage housing.

While the facility is on the same piece of land as the main hospital, it lies outside of the area where fencing and other typical security measures exist.

The facility

Dr. Marie Elizabeth Ring, COO for adult psychiatric services, testified at Monday's hearing that the group home setting is considered a "secure" facility because it lies on the same piece of land as the hospital.

Oliver showed photographs taken at the facility showing the cottage's proximity to the hospital and setting. He argued in the original petition, as well as at the hearing, that the facility where Van Gennip is being housed has no perimeter, locks only on the inside of the cottages, is in close proximity to a convenience store and is "a few hundred yards" away from an Interstate highway.

Residents of the cottages are also allowed up to three half-hour passes each day that allow them to leave the cottage and go to certain places on the property. While some places are off limits, Oliver pointed out that the patients do go on the passes "unassisted."

Ring argued that the goal of the Dept. of Mental Health is to provide the "best possible treatment in the least restrictive environment possible."

She testified that Van Gennip, in his time at Farmington, has worked his way from a level one patient (most secure) to a level six, which is the least secure level attainable. All individuals housed in the cottages are level six patients and each has to be approved by her personally.

In the case of Van Gennip, Ring did approve the move herself after consulting with those in contact with him. She stated that while he is diagnosed as schizophrenic (paranoid type), he exhibited a number of qualities they ask for in a patient before making the move in question.

Ring said Van Gennip has shown to be stable on his medications; has had no hallucinations or delusional beliefs; has not been aggressive toward patients or staff; shows an awareness of his crime and has had no recent medication changes.

Oliver questioned her analysis in regard to Van Gennip's 2011 removal of his family from his long-term care plan.

Ring said that while it was definitely a red flag, they determined it was not a matter of hostility or destabilization of his condition. Despite drawing away from family members, she stated that he continued "to do well" at the hospital and showed no adverse affects following the disconnect.

The family

Also testifying at the hearing was Debbie Rhodes, Van Gennip's sister, who is also not pleased with her brother's living arrangements.

"My mother was murdered by my brother," she testified. " She was stabbed over 250 times with a pair of scissors.

"He's a very sick man, and he certainly was at the time [of the murder]," she stated to the court.

Rhodes stated that the removal of the family from his care plan should have been a huge "red flag."

On Jan. 4, 2012, she learned of his new living arrangements and that in December 2012 his other sister had been removed from the plan as well. Rhodes said she then grew more concerned because of the change in his manners and behaviors.

She went on to testify that she was concerned for herself and her sisters' safety if their brother were to escape from the facility.

She believes, according to a letter in the court file, that his mental condition has continued to deteriorate over the years. While she states she still loves him, she also remains concerned for the safety of herself and her loved ones.

"...to this day, when there is a change in David's status, ie. moving up a level or moving closer to 'getting out,' we, my daughters and I, panic," Rhodes stated in the letter.

The original case

Before David Van Gennip was committed, his criminal case had taken a unique turn. He pleaded NGRI (Not Guilty by Reason of Insanity). What that means is that he was believed to be "insane" at the time of the offense.

In a normal case a not guilty plea means that a case will go to trial, but that is not the case for Van Gennip.

His plea, Oliver explained, was very rare. By pleading NGRI, his criminal case is "disposed" and can not be re-opened.

If he is ever released, however unlikely that may be, he cannot be prosecuted for the murder. Oliver explained the plea comparing it more to an acquittal by a jury whereas the suspect's record is expunged.

Judge Stephen Sharp, who presided over Monday's hearing, took the matter under advisement and said he would rule in the near future after thoroughly reviewing all of the information in the case.