DC Superior Court Judge Carmen McLean granted the defense’s motion to dismiss a case against a defendant accused of stabbing a person due to mental incompetence on Sept. 12.
Dwayne Waller, 74, was charged with assault with a dangerous weapon for allegedly stabbing a person in the chest on the 4600 block of H Street NW on Sept. 19, 2022.
In 2023, the defendant was found mentally incompetent to stand trial and since then has been civilly committed to a facility.
In June, Waller’s defense counsel, Anthony Smith, filed a motion to dismiss charges against Waller. The defense claimed the Department of Behavioral Health (DBH) analysis found that Waller is incompetent and sees “no substantial possibility” that he can stand trial in the foreseeable future.
Specifically, a mental health social worker testified that Waller requires substantial living assistance, appears disoriented and confused, and often looks for family members who are dead.
Additionally, Smith argued there are due process issues with holding pending criminal charges on someone who will never be able to prove their innocence. To stand trial a defendant must understand the charges against him and help his lawyer defend the case.
Prosecutors opposed the request, asking Judge McLean to keep the case opened for an additional year. However, McLean agreed with the defense, and dismissed the case.
No further dates were set.
