Daniel Thropp of Sparta was found not guilty by reason of insanity in December 2010 in the death of his brother, Alan Thropp, 49, and was committed to a state mental institution for an indefinite period of time.
SPARTA — A Sussex County man who shot his brother to death in 2006 is still potentially dangerous and should remain confined to a state psychiatric hospital, a state appeals court ruled last week.
Daniel Thropp of Sparta was found not guilty by reason of insanity in December 2010 in the death of his brother, Alan Thropp, 49, and was committed to a state mental institution for an indefinite period of time.
Thropp claimed he killed brother because he believed his sibling was part of the "Sparta Mafia," a wide-ranging group of people who were poisoning him with organophosphates, which are found in insecticides, herbicides and industrial chemicals.
Thropp later claimed he was being poisoned by staff at the Sussex County jail, trial judge N. Peter Conforti and doctors assigned to evaluate him.
According to an eight-page appeals court ruling issued Monday, judges Jose Fuentes and Victor Ashrafi cited testimony from psychiatrist Azariah Eshkenazi, who said in a court hearing on Jan. 26, 2011, that Thropp should continue to be hospitalized.
The so-called Krol hearing was held to determine if Thropp’s mental condition had improved enough to allow for his release, just one month after his commitment.
But Eshkenazi, of Forest Hills, N.Y., testified Thropp’s "psychiatric condition had changed little" and he "would pose a danger to himself or others," if released.
"It was clear from the testimony that (Thropp’s) delusional belief about a conspiracy did not end when his brother died. Rather, the delusion spread to anyone with whom (Thropp) had contact," the court ruling states.
"Dr, Eshkenazi testified that, if released, (Thropp) would potentially act in the same way he had against his brother toward others be believed were out to harm him," according to the ruling.
In his appeal, Thropp argued he should have been released on conditions, which would include taking appropriate medication. He said his mental illness was a result of poisoning, "which has now been alleviated," the ruling states.
Thropp, now 49, shot his brother five times with a sawed-off .22-caliber rifle at Alan Thropp’s Sparta home on Nov. 21, 2006. He had sawed off the barrel of the gun, which allowed it to fit into his backpack and the saddlebag of his motorcycle.
Dewey Cole, an adjunct law professor at Seton Hall Law School, said Thropp needs to prove he is no longer a threat to himself or society – which could take at least a couple of years — before he is conditionally released.
"The real answer is for him to try to get better. As a practical matter, hiring more psychiatrists is not the answer. To keep litigating this doesn’t make sense," he said.
Prior to the killing, Thropp ran a successful landscaping business in Sparta and was a college graduate with a degree in economics. The killing occurred just six weeks after his release from a mental health facility.
Thropp will continue to be committed to a psychiatric hospital, subject to periodic reviews, the court ruled.
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