An expert witness for the defense testified before DC Superior Court Judge Robert Salerno on July 18 that a carjacking defendant was unable to meet the minimum mental standards to stand trial.
That after an initial finding of mental competence by the DC Department of Behavioral Health (DBH).
Dontrell Davis, 18, is charged with conspiracy, four counts of armed carjacking, eight counts of robbery while armed, three counts of unauthorized use of a vehicle during a crime of violence, unarmed carjacking, two counts of receiving stolen property misdemeanors, 12 counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, and unlawful possession of ammunition. These charges stem from his alleged involvement in five incidents that occurred in September 2023.
According to court documents, the five incidents include:
- Theft of a vehicle on Sept. 1 on the 1900 block of 2nd Street, NE
- Armed robbery on Sept. 3 on the 3800 block of 9th Street, SE
- Armed robbery on Sept. 10 at the intersection of 18th and Erie Streets, SE
- Armed robbery on Sept. 11 on the 1200 block of Savannah Street, SE
- Two armed carjackings on Sept. 11 on the 3300 block of 4th Street, SE, and the 2900 block of Erie Street, SE
Davis’ defense attorney, Christen Philips, brought in a neuropsychologist to testify regarding his findings about Davis’ competency to stand trial. The witness said he used the MacArthur Competence Assessment Tool (MacCAT) during his evaluation.
During competency evaluations, the witness said, he examines a defendant’s level of rational and factual understanding, which includes their abilities to understand court proceedings and make rational decisions about their cases. The witness said these factors were crucial to a defendant’s abilities to assist their attorneys in staging a defense.
According to the witness, Davis exhibited cognitive deficits, including verbal difficulties and problem solving. He referenced his own report as well as findings from two other psychologists, which found Davis has borderline low IQ and memory scores, developmental immaturity, and difficulty understanding a plea offer.
Philips asked the witness how he detected malingering or faking responses by patients to manipulate an investigator. The witness said uses a special set of exams to thwart malingers. He reported that Davis showed no signs of malingering.
Judge Salerno asked the witness if the evaluations were holding Davis to too high of a standard.
“It’s not a very high bar,” said the witness. He stated that some intellectually disabled individuals could pass it.
The witness concluded that Davis was currently incompetent to stand trial, but that his competence could likely be restored through weekly meetings with psychologists.
The prosecution told Judge Salerno that they intended to cross-examine the witness during the next hearing.
Parties are slated to reconvene on Sep. 26.
