Matthew B. Koldewey appeals from a four-count conviction1 for making terroristic threats, contending that the trial court erred by 1 denying his motion for a directed verdict because the evidence was insufficient to support a finding of guilt, and 2 shifting the burden of proof by incorrectly charging the jury on involuntary intoxication. For the reasons that follow, we reverse in part and affirm in part. Construed in favor of the verdict,2 the evidence shows that in January 2008, Koldewey, who was on probation and had been participating in a drug court rehabilitation program, told his mother that he had been having violent thoughts. His mother took him to Gateway Behavioral Health Services, a state-run facility that treats clients for mental health disorders and drug and alcohol addiction and where Koldewey had been evaluated previously. The mother explained to the intake nurse, Jo Miller, that Koldewey had been having suicidal and homicidal thoughts. Miller arranged for Julie Spores, a registered nurse, to conduct the intake interview. The intake interview was a diagnostic assessment done with walk-in patients such as Koldewey for the purpose of evaluating appropriate treatment.
During the intake interview with Spores, Koldewey grew angry and stated that he was going to choke Judge A. W.3 wringing his hands, and then he said, “no . . . he had a deer rifle with Judge A. W.’s name on it, and he was gonna kill her.” Spores then approached Dale Tushman, a licensed clinical social worker acting as backup officer for the day, and asked her to sit with her in the interview. When Tushman invited Koldewey to talk to her, he repeated that he “had strong hands” and was going to choke Judge A. W., and that “I have a rifle with a scope, and I can get in the bushes beside Judge A. W.’s house.” Koldewey further stated that he “was going to set fire to Alpha House a residential therapeutic community to which he was assigned by the drug court, and I’m going to burn down Alpha house and take out all the 40 men in it. . . And I’m going to slit the throat of C. W.,” an Alpha House counselor. Tushman explained that she needed to take Koldewey to Gateway’s crisis unit, a secure unit designed for the protection of homicidal and suicidal clients. Koldewey went with her to the crisis unit, where Koldewey was given oral medication, which he took with some hesitation, and was prepared for transfer to a state regional mental health hospital.
