DC Superior Court Judge Judith Pipe decided against ordering another competency evaluation for a defendant in a non-fatal shooting case who has so far failed to demonstrate he’s mentally able to stand trial.
Kevin Harrison, 25, was charged with carrying a pistol without a license, possession of an unregistered firearm, unlawful possession of ammunition, and unlawful discharge of a firearm for his alleged involvement in a shooting that occurred June 26, 2023 on the 2100 block of Georgia Avenue, NW.
The Office of the Attorney General (OAG) requested an extension to make another evaluation in order to make a decision regarding civil commitment to a mental institution versus jail for Harrison. But defense lawyer Patrick Nowak, argued to dismiss the case. He claimed that the so-called Jackson finding trumped the competency argumentin this case.
The reference is to Jackson v. Indiana (1972), in which the U.S. Supreme Court ruled that the confinement of a defendant cannot be based solely on competency to stand trial. The court earlier said that to stand trial a defendant must understand the charges against him and be able to assist his attorney.
Harrison was found incompetent to stand trial Aug. 5 and was released from treatment after multiple mental exams and several mental observations hearings. Therefore, Nowak claimed, there is enough information about Harrison’s mental status to call a halt.
Harrison is not currently being held at Saint Elizabeths psychiatric hospital and there is no evidence to suggest a mental illness, according to Nowak.
Judge Pipe dismissed the case without prejudice, meanting the proseution has the right to refile the charges if they feel it’s appropriate.
No further dates were set.
