DULUTH — The man who used a hammer to attack an 81-year-old stranger in a supermarket bathroom two years ago has been acquitted due to mental illness.
Lance Alexander Tolbert, 45, of Duluth, was recently found not guilty of attempted premeditated first-degree murder by Judge Theresa Neo.
Tolbert, according to court documents,
randomly assaulted Bradley French at Mount Royal Market on May 24, 2024.
The victim suffered several injuries, including a skull fracture.
The criminal case was suspended from September 2024 until October 2025, during which time Tolbert was deemed incompetent to stand trial. He later underwent another evaluation to determine his mental state at the time of the crime.
Lance Alexander Tolbert.
Contributed / St. Louis County Jail
“The defendant has proven by a preponderance of the evidence,” Neo wrote, “that he was suffering from such cognitive impairment resulting from schizophrenia symptoms at the time of this offense that he could not comprehend the nature of his criminal behavior or the legal wrongfulness of that behavior.”
The ruling does not free Tolbert, however. He remains jailed and is still under a civil commitment order for mental health treatment.
Tolbert in April waived his right to a jury and agreed to have Neo consider the case based on stipulated facts — police reports and a psychological evaluation — jointly submitted by the prosecution and defense.
The documents indicate French was standing at a urinal when Tolbert emerged from a stall around 8:50 a.m. and struck the victim in the back of the head with the hammer. He reportedly continued the attack even after French fell to the floor.
Police said French fought back and managed to take the hammer from Tolbert, who had put his gloved fingers into French’s mouth. Authorities indicated the assault only stopped when another person entered the restroom, prompting Tolbert to take the hammer and run from the store.
The defendant was found nearby a few minutes later, with blood on his clothes, body and a hatchet attached to his belt. His jacket was located the next day with the bloodied hammer in a pocket. Forensic testing later identified both Tolbert and French as contributors of the blood.
French told investigators he had never seen the assailant before and they did not exchange any words before the surprise attack. French required surgery, with other injuries also including a broken hand, several cuts and a deep puncture wound to the arm.
“The victim continues to receive care and treatment for his injuries,” the April stipulation read.
Tolbert was ordered to undergo a mental health evaluation two weeks after the attack. Psychologist Emma Welch
diagnosed him with “unspecified schizophrenia spectrum” and “other psychotic disorder.”
Welch reported at the time that he “appeared to lack insight into the nature of his incarceration or the extent of his psychiatric difficulties” and “demonstrated odd and unusual behaviors and communications, made statements that did not appear reality based and refused to engage with jail staff.”
Tolbert was reevaluated several times before the court deemed him competent to proceed. However, another evaluation was ordered in October to gather evidence relevant to his mental illness defense — specifically, his condition at the time of the offense.
Neither defense attorney Jason Bunch nor St. Louis County prosecutor Tony Rubin filed any objections to the findings of that evaluation, conducted by psychologist Lauren Herbert.
“Symptom presentation at the time of the alleged offense was more consistent with active psychosis and delusional perception of reality rather than goal-directed planning or rational decision-making,” Herbert wrote.
“His thinking at the time of the alleged offense appeared directed by hallucinations and paranoid or bizarre delusions, which suggest his ability to appreciate the nature, consequences or wrongfulness of his actions, as well as to conform his behavior to legal requirements, was impaired.”
Tolbert was civilly committed in November 2024 as a “mentally ill and dangerous” person, the most-restrictive designation available under Minnesota law. After an initial 60-day evaluation period, the commitment was extended indefinitely.
The order specifies that he should be sent to the state’s secure Forensic Mental Health Program in St. Peter, but he remained in the St. Louis County Jail as of Wednesday.
Tom Olsen covers crime and courts and the 8th Congressional District for the Duluth News Tribune since 2013. He is a graduate of the University of Minnesota Duluth and a lifelong resident of the city. Readers can contact Olsen at 218-723-5333 or tolsen@duluthnews.com.