DC Superior Court Judge Carmen McLean stated on June 12 she will decide if charges should be dismissed against a stabbing defendant who’s been declared mentally incompetent during a July hearing.
Dwayne Waller, 74, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on Sept. 18, 2022 on the 400 Block of H Street, NW.
According to court documents, Waller was involved in a verbal dispute with the victim before allegedly chasing and stabbing him with a kitchen knife.
After his arrest in September of 2022, Waller was found to be mentally incompetent on four separate occasions from November 2022 to April 2023.
In the spring of 2024, Waller’s defense attorney filed a motion to dismiss the charges against Waller due to chronic incompetency, citing that medical providers at the Department of Behavioral Health had found Waller incompetent and with “no substantial probability that he will attain competence.” DC Superior Court Judge Erik Christian denied that motion.
In a June 12 hearing, Waller’s defense attorney, Anthony Smith, stated his intention to file a second motion to dismiss, this time in front of Judge McLean.
Parties are slated to reconvene at the motion hearing on July 14.
