AUGUSTA — A man who was found not criminally responsible by reason of insanity for killing his father in 2014 in Gardiner will be allowed to move to a supervised apartment, work up to 24 hours a week, and be allowed more unsupervised time on his own.
A psychiatrist with Riverview Psychiatric Center’s Outpatient Services testified Friday at the Capital Judicial Center that Leroy Smith III, 35, consistently takes his prescribed medications and is able to cook and clean on his own.
He’s also a much-appreciated volunteer at the Augusta Food Bank twice a week, gets along with others and is ready to take a major step in his treatment and gain more privileges as he remains in the custody of the state Department of Health and Human Services.
Justice Daniel Billings agreed, approving most of the increased privileges Smith sought in his petition to the courts.
Billings said there was “clear and convincing evidence those changes to Mr. Smith’s treatment plan can be implemented safely if done incrementally. Mr. Smith, I want to congratulate you on your efforts. This is a big step forward for you.”
Smith is already allowed to leave the group home where he lives to volunteer for four-hour shifts twice a week at the Augusta Food Bank where, psychiatrist Wayne Moss said his duties have included stocking food items and running a meat slicer.
On Friday, Billings approved his request to be allowed to work up to 24 hours a week; to have up to eight hours of unsupervised time, up to half of that time unstructured and unsupervised; and to move from the group home to a supervised apartment.
Both state officials and members of Smith’s treatment team recommended allowing the increases in privileges.
Smith was found not criminally responsible for killing his father Leroy Smith II in their Gardiner apartment in 2014, after the court ruled he was legally insane at the time. He was remanded in custody of the commissioner of the Department of Health and Human Services and placed at Riverview for treatment.

A specific supervised apartment location where Smith will live has not yet been identified, officials said. When one is found, Moss said Smith will be required to take his twice-daily medications, which include two anti-psychotic medications as well as a mood stabilizer and an anti-depressant, under the supervision of staff, will be required to log in and out with staff when leaving and returning, and will continue with his mental health treatment plan.
If and when he finds work, he would start at fewer than 24 hours a week to avoid over-stressing himself, and he could incrementally work his way up to 24 hours a week.
Moss said Smith is ready.
“Leroy has demonstrated his ability through his volunteer work to be available and show up on time and do what’s asked of him, without friction,” Moss said. “We’re actually quite proud of Leroy for what he’s been able to do, and the contribution he’s made to the food bank.”
Harold Hainke, a lawyer representing Smith in Friday’s court hearing, said Smith consistently takes his medications. He said he has completely changed his state of mind from when he stabbed and dismembered his father.
“That state of mind has eventually been completely eliminated by the appropriate medications,” Hainke said. “And Mr. Smith doesn’t get into trouble with other people, doesn’t argue with people. He’s a pleasant person, gets along well with others. I think this is an appropriate next step for him and think it will enhance his treatment and it can be done safely.”
Under a 2015 law, Smith was the first person in Maine to be forced to take psychiatric medication in an effort to restore his mental capacity to be able to participate fully in his defense.
In his most recent petition, Smith had also sought to be allowed to spend overnights with his mother and stepfather and drive a car. Those requests were denied, as officials said they wanted to proceed incrementally and see how the increased privileges go before considering adding to them. He was granted permission to spend up to eight hours a day with his mother and stepfather.
As with other patients in the custody of the commissioner, Smith must petition the court for changes in the conditions under which he is held, and petitions may be submitted every six months.