Defense Challenges Mentally Competent Finding For Homicide Defendant

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A defense attorney disputed a psychiatrist’s assessment that a homicide defendant is mentally competent since they never met in person. The argument came in a Sept. 10 hearing before DC Superior Court Judge Michael O’Keefe.

Darryl Thompson, also known as Darryl Tompkins, is charged with two counts of first-degree murder while armed, assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, three counts of unlawful possession of a firearm during a crime of violence, three counts of carrying a pistol without a license, obstruction of justice, and threats to kidnap or injure a person. 

The charges stem from his alleged involvement in the death of 29-year-old Edward Roberts Jr., who was shot and killed on July 30, 2016 on the 3500 block of 14th Street, NW. He’s also charged for his alleged involvement in the fatal shooting of 23-year-old Tyler McEachern, which occurred on Aug. 29, 2016 on the 3100 block of Buena Vista Terrace, SE.

In the hearing, a psychiatrist opined that Thompson wasn’t mentally ill but did have antisocial personality disorder, meaning those with the condition may act impulsively without regard for their own safety or the safety. However, the witness said the disorder doesn’t mean Thompson is mentally incompetent to stand trial.

Dana Page, Thompson’s attorney, disputed that conclusion in that it did not come from personal interactions with Thompson. Instead, Page claimed, the psychiatrist came to the conclusion after reviewing reports from two evaluations conducted by doctors from the Department of Behavioral Health (DBH), which she argued found Thompson incompetent multiple times in the past few years.

The psychiatrist agreed, and stated he did not perform a competence assessment instrument for standing trial (CAI) on Thompson before finalizing his opinion.

He stated his opinion was derived from a number of sources including a report written by another doctor. 

According to Page, the other doctor has numerous credibility issues. In 2019, according to Page, a federal court judge found the doctor’s testimony unfit because it contained extreme racial opinions and deviated from psychological testing manuals.

Thompson still believes that his rights are infringed under the Fifth Amendment protection against double jeopardy. He wrote that he had been tried for the same crime twice, despite the case not having gone to trial. Additionally, he also concluded that the doctor was unreliable because he had not conducted an interview with him. His written comments were read into the record for Judge O’Keefe.

Parties reconvene for another mental hearing on Sept. 20.