A prosecutor told DC Superior Court Judge Robert Salerno on Oct. 24 that the Department of Behavioral Health (DBH) denied a carjacking defendant mental health services meant to keep him mentally competent enough to stand trial.
Dontrell Davis, 18, is charged with conspiracy, four counts of armed carjacking, eight counts of robbery while armed, unarmed carjacking, three counts of unauthorized use of a vehicle during a crime of violence, 12 counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of ammunition, and two counts of misdemeanor receiving stolen property. 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
The DBH deemed Davis competent to stand trial in Dec. 2024, so they denied him mental restoration services in 2025 on the grounds they were unnecessary. Judge Salerno wanted to know whether they would provide competency maintenance instead.
The prosecution said that DBH declined either because they never considered Davis incompetent, arguing the decision would not make logical sense.
“If there was no barrier to competency in the first place, there are no sources to continue,” the DBH wrote in their email to the prosecutor.
Therefore, Davis will not receive in or out-patient mental health services— to help him maintain sufficient mental competency to stand trial–meaning he has to understand the charges and help his lawyer defend the case.
Judge Salerno disagreed with the DBH’s literal application of the word “maintain.”
“I hear the position [but] we’re putting way too much emphasis on labels,” Judge Salerno said.
Earlier in the hearing, Judge Salerno explained his request for competency maintenance, saying that someone initially found competent may not remain so.
“As we all know, competency is fleeting,” Judge Salerno said.
He asked the prosecution to follow up and ask if they would provide these services if they were court-ordered.
Further, prosecutors called on a neurophysiologist who does evaluations for the court and a DBH clinical and forensic psychologist, both of whom evaluated Davis.
The neurophysiologist deemed Davis incompetent to stand trial but would be restorable if he was provided the necessary help.
“I don’t think that’s above and beyond what the [low bar] for competency [requires],” the witness said.
The DBH clinical and forensic psychologist conducted two evaluations– an initial screening and a follow-up interview.
In contrast, she determined that Davis was competent to stand trial, but noted that his ability to retain information was an issue.
According to the psychologist, she did not receive records from the Department of Youth Rehabilitation Services (DYRS), where Davis was held, or any other records before conducting the initial evaluation, which made defense attorney Erin Griffard question the validity of the witness’ evaluation.
Upon viewing her evaluation in court, the witness believed there were missing pages – Judge Salerno stopped the proceedings to ensure the witness could ensure her testimony was accurate.
Parties are slated to reconvene Nov. 14.
