Prosecution expert: Elyria man knew right from wrong in fatal 2023 drive-by despite insanity plea

ELYRIA — Despite pleading not guilty by reason of insanity to murder and other charges, Isaiah Makuch knew the difference between right and wrong when he killed a Lorain man in a drive-by shooting more than two years ago. That was the testimony of psychologist Bob Stinson on Thursday, the second day of Makuch's murder trial in Lorain County Common Pleas Judge Melissa Kobasher's court. Makuch, 26, of Elyria is charged with aggravated murder, murder, attempted murder, felonious assault, discharge of a firearm on or near a prohibited premises and improper handling of firearms in a motor vehicle, all felonies, plus misdemeanor aggravated menacing charges, firearms specifications and drive-by shooting specifications. He has pleaded not guilty by reason of insanity. Stinson's testimony was meant to to rebut a defense witness expert opinion that Makuch, who has been diagnosed with schizophrenia and paranoid delusions, didn't know right from wrong when he shot and killed Trey Sukey on Oct. 24, 2023. Stinson testified there were multiple pieces of evidence and incidents that led him to the conclusion. The best evidence could be found in what Makuch did before, during and after the alleged crimes and what he said about it later, he testified. "I've never seen a case where somebody didn't know the wrongfulness one second when the offense happened but knew it shortly before and shortly after it," Stinson testified. "That would be, it would be a remarkable case in my 26 years of experience. So my opinion would be that he, he clearly knew what the legal problem was but felt emotionally overwhelmed and morally justified in doing what he did." Kobasher heard on Tuesday that Makuch believed Sukey and other motorcycle riders he shot at or pointed his gun at were members of "the Illluminati," a secret society out to get him. In his conversations with Stinson, Makuch "had a defense for everything," the psychologist testified. Makuch's memories were distorted, which is "inconsistent with what you'd expect because he has pretty good recall of the majority of the events, and the distorted ones appear to be fairly self-serving," Stinson testified. That's not typical, the psychologist testified. Stinson also said Makuch didn't see the shooting as traumatic or unjustified. Makuch "felt morally righteous and justified in what he did," he testified, telling Stinson during an examination that he got "angrier and angrier and angrier and angrier and snapped." Makuch also said he was willing to go to jail for his actions, knew he was going to go to jail and "going down for this," Stinson testified. One of the best pieces of evidence that Makuch knew right from wrong was that he "immediately left the scene" after shooting Sukey, Stinson testified. Makuch was treated at Northcoast Behavioral Healthcare in Summit County while in custody and received court-ordered psychiatric medication to handle the symptoms of his illness. He is being held in the Lorain County Jail on $2 million bond. The defense stipulated to the fact that Makuch shot and killed Sukey and did not challenge forensic evidence collected by the Lorain County Sheriff's Office. He waived his right to a jury and Kobasher will decide his guilt or innocence. Kobasher told defense attorney Jason Harless and Assistant Proseuctor Matt Kern to return to court at 1:30 p.m. today. Sukey, 30, died after being shot five times while riding a friend's Kawasaki motorcycle south on Lake Avenue in Elyria Township. He was the last person allegedly assaulted that day and the only one hit by gunfire. Makuch had earlier pointed his gun at a couple on a motorcycle in Amherst and fired three shots at another motorcycle rider there. That motorcycle, a backpack and a water bottle were hit by gunfire and damaged before Makuch sped away in his silver Honda Accord. Detectives never found the eight shell casings ejected from Makuch's handgun during the two drive-by shootings. Kern alleged that Makuch threw them away in a trash can at West Recreation Center in Elyria. If Makuch did clean up and throw out the shell casings, that would be "one piece of evidence that he may have known the wrongfulness of what he did" along with hiding the murder weapon in his car and not telling family members what he did, Stinson testified. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.