Man who fired gun in hospital re-arrested

Freedom was short-lived for Gilbert "Fritz" Tuffli III.

Tuffli, who police say wielded a 12-gauge shotgun and fired shots inside a Scottsdale hospital in July 2007, was set to be released from a Mesa-based mental health center Tuesday. Instead, he was immediately rearrested by Maricopa County Attorney's Office detectives.

Man with gun in Scottsdale hospital to be freed

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The Tribune reported last week that Tuffli would not be facing criminal prosecution for his alleged crimes at Scottsdale Healthcare after a judge found the 55-year-old Scottsdale man and former Tempe police officer incompetent to stand trial on aggravated assault, disorderly conduct and weapons charges. Doctors also found Tuffli not to be a danger to others, according to Maricopa County Superior Court documents.

Armed with a shotgun and making threats to employees in July 2007, Tuffli was subdued by a hospital security guard seconds before the gun discharged, police said. Tuffli later was found to have five shells in the shotgun and 12 more in a backpack, according to police reports. Three people suffered minor injuries in the incident, police said.

"The system is utterly broken. Public safety must remain a priority," said Maricopa County Attorney Andrew Thomas as he announced Tuffli's reindictment and rearrest. Tuffli was taken into custody at Desert Vista Behavioral Center in Mesa.

"We don't believe doctors should be making decisions relating to public safety," Barnett Lotstein, a special assistant county attorney with the Maricopa County Attorney's Office, told the Tribune last week.

Lotstein said the goal of Tuesday's rearrest on the original indictments is to put Tuffli through another series of mental health evaluations to see if he is competent to stand trial. Tuffli is now being held in a county jail awaiting arraignment.

County prosecutors expressed disappointment that they didn't have more of a say in Tuffli's hearing process, and when they petitioned the court for notice of Tuffli's release, they were denied.

Lotstein said he has petitioned the Arizona Court of Appeals to reconsider a ruling that forbids prosecutors from having a more inclusive role in the mental evaluation process. The petition seeks to allow prosecutors the right to have their own mental health experts' opinions in court testimony and to be given notice of defendants' release dates. The petition, he said, is still pending.

The news of the rearrest was welcomed by Scottsdale Healthcare officials, who said they feel Tuffli is a danger to others.

"We believe that his re-arrest is justifiable given his past behavior. The safety of our patients and employees is a priority for Scottsdale Healthcare," Keith Jones, a spokesman for the health care organization, said in a statement.

Thomas said it was Scottsdale Healthcare who notified county prosecutors of Tuffli's pending release.

While there is no guarantee Tuffli will be found competent to stand trial the second time around, county prosecutors say they have experienced success in similar cases in the recent past.