Doctor: Insanity plea not supported for man accused of killing 3

MILWAUKEE - A doctor ruled Tuesday, Sept. 22 a plea of not guilty by reason of mental disease/defect will not be supported in the case of Arzel Ivery, accused of killing Amarah "Jerica" Banks, 26, and her daughters, Camaria Banks, 4 and Zaniya Ivery, 5 in February.

That plea was withdrawn in court Tuesday, and a jury trial was scheduled for Feb. 15, 2021, online court records show.

Jerica Banks, Arzel Ivery, Camaria Banks, Zaniya Ivery

Ivery entered the plea in early June and a doctor's report was ordered. At the end of July, the doctor requested more time to complete the report.

On Aug. 24, online court records show the doctor and a private psychologist told the court they do not support the not guilty by reason of mental disease/defect plea -- but the hearing was adjourned to allow the defense more time to address Ivery's concerns expressed in court. Tuesday's court appearance was the continuation of that hearing.

If the insanity plea were supported in this case, Ivery would have been found guilty but not guilty due to mental disease/defect, and the court would have then determined whether he would be committed for mental health treatment or sent to prison. 

Arzel Ivery

Ivery faces three counts of first-degree intentional homicide. He was originally charged with aggravated battery (substantial risk of great bodily harm). He could spend the rest of his life behind bars if convicted on the homicide counts.

FREE DOWNLOAD: Get breaking news alerts in the FOX6 News app for iOS or Android

Prosecutors say Ivery admitted that a domestic fight escalated to the point that he strangled the three and then burned their bodies. The three were found in a garage near 47th Street and Burleigh Street Feb. 16, a day after an Amber Alert was issued for the children.

Jerica Banks, Arzel Ivery, Camaria Banks, Zaniya Ivery

According to the criminal complaint, police spoke by phone with Ivery on Feb. 7. He indicated "there was a funeral for his son that he had with Ms. Banks." He indicated the two got into an argument "because Banks blamed (Ivery) for the death of their son." Ivery told police "Banks was upset and making a scene" and that he "stayed for a little bit and then left to go sleep in his truck." The complaint says Ivery "did not know where Banks or the children were." Ivery indicated he was out of state and that he "would come back next Friday," Feb. 21 to be interviewed by police.

Ivery's father contacts Memphis police

Memphis police received a call from Ivery's father on Feb. 15. He stated that Ivery "has confessed that (Ivery) had killed the mother of his children and his children in Milwaukee and burned the bodies." 

Jerica Banks' apartment

Search warrant of Banks' apartment

The complaint against Ivery says on Feb. 15, Milwaukee police obtained a search warrant for Banks' apartment. A trained cadaver dog was brought into the children's bedroom -- and the dog "detected an odor of decomposing human remains." Forensic investigators also detected the "presence of human blood" inside a closet in the room.

Ivery's statement to Milwaukee police

When interviewed by a Milwaukee police officer who traveled to Memphis, the complaint indicates Ivery said "things had been tense between himself and Banks since the death of their son. He stated that Banks had not wanted him around anymore because he reminded her of their son."

The funeral for the son was on Feb. 7 -- and afterward, Ivery indicated he went to work. When he went to Banks' apartment around 1:30 a.m. on Feb. 8, the complaint said Banks "was angry that (Ivery) had gone to work and yelled at him that he did not care about the death of their son." Ivery claimed he and Banks had an argument and "he then grabbed Banks and pushed her head into the wall two times." Ivery then indicated he "strangled Banks with both hands."The complaint says Ivery then stated, "he did not want the children...to live in a world where they did not have their mother." He indicated he then strangled both the children. The complaint says Ivery then tried to hide the bodies of all three by burning them.

Ivery also told detectives "he planned on starting a new life in Memphis" and "admitted that he told his father that he had killed Banks and the two children."