Competency Concerns Jeopardize Carjacking Trial 

By Richa Sharma [former] - July 12, 2024
Carjacking | Court | Daily Stories | Suspects |

A carjacking defendant’s refusal to show up to court, coupled with competency concerns, has jeopardized his trial, according to DC Superior Court Judge Robert Salerno on July 11.

Kenneth Phillips, 24, is charged with armed carjacking, aggravated assault knowingly while armed, robbery while armed, burglary two, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property of $1,000 or more and no permit for his alleged involvement in an armed robbery on Nov. 15 2022. The incident occurred on the 2000 block of 4th Street, NE.

Phillips has not shown up for his scheduled court proceedings more than he has been present, according to Judge Salerno.

Phillips’ defense attorney Joseph Yarbough disagreed with the competency concerns during a mental observation hearing on June 25, and requested to move forward with trial as soon as possible. 

At the June hearing, Yarbough set forth accommodations to ensure his client would be more inclined to show up for court proceedings, such as more breaks.

Judge Salerno agreed and set a July 11 motions hearing to ensure the accommodations would work as needed – otherwise, the trial date would be vacated. 

Phillips refused to attend court on July 11, Judge Salerno determined that a full mental competency evaluation was necessary. He issued a new order for the initial screening.

Parties are scheduled to return on the trial date, July 16, for a mental observation hearing.  

On that date, if Phillips is cooperating with the Department of Behavioral Health (DBH), comes to court and is found competent, parties may proceed with trial.

Despite the judge’s warning of vacating the trial, parties agreed to keep a trial date of July 16, “just in case.”