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Judge Deems Shooting Defendant Mentally Incompetent

DC Superior Court Judge Judith Pipe deemed a shooting defendant mentally incompetent to stand trial during a hearing on August 5.

Kevin Harrison, 24, is charged with unlawful discharge of a firearm, possession of an unregistered firearm, unlawful possession of ammunition, possession of a large capacity ammunition feeding device, and carrying a pistol without a license outside a home or place of business for his alleged involvement in a non-fatal shooting on June 26, 2023, on the 2100 block of Georgia Avenue, NW. No injuries were reported. 

Harrison’s defense attorney, Patrick Nowak, asked Judge Pipe to order a Jackson finding during the hearing, which would require that Harrison be deemed mentally incompetent to stand trial and not have to be admitted to inpatient hospitalization because he is not restorable.

Nowak asked this in reference to a report from the Department of Behavioral Health (DBH) on Harrison’s state of mind.

In the DBH report, Harrison’s doctor wrote that he lacks comprehension of current events and has no interest in participating in activities in outpatient treatment. The report doesn’t idicate Harrison is restorable and could be deemed competent to fit trial at a later time. In order to stand trial, a defendant must understand the charges against him and be prepared to help his lawyer.

Upon reviewing the report and hearing Nowak’s argument, Judge Pipe entered the Jackson finding, telling prosecution it had, “not met its burden in proving that Harrison is restorable.”

The prosecution then asked to dismiss the charge of possession of a large capacity ammunition feeding device, which was granted. 

Nowak also asked if Harrison’s GPS monitoring and curfew requirement could be lifted, but Judge Pipe explained that she will maintain these restrictions for community safety.

Parties are slated to reconvene Sept. 4.

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