Competency Exam Ordered for Murder Defendant Who Wants New Lawyer

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DC Superior Court Judge Maribeth Raffinan withheld ruling on a murder defendant’s request for new defense counsel on July 15 and order he complete a competency exam.

Kevin Foster, 20, is charged with two counts of first-degree murder while armed for his alleged involvement in the fatal shootings of Dana Faulkner, 23, and Abdul Fuller, 15 on March 7, 2023.

According to court documents, Faulkner was found unresponsive in a courtyard on the 2700 block of Bruce Place, SE. Life-saving efforts were unsuccessful. Fuller was found unconscious and barely breathing near Mississippi Avenue and Wheeler Road, SE. He was transported to MedStar Trauma Center and succumbed to his injuries on March 9. Both victims sustained a single gunshot wound to the back of the head.

At the July 15 hearing, parties discussed defense attorney Matthew Davies’ motion to withdraw as Foster’s attorney, citing “irreconcilable differences.”

The prosecution responded that Foster already had one attorney, Julie Swaney, be replaced with Davies and feared that this might be an attempt by Foster to “play games” and delay court proceedings. “Ms. Swaney and Mr. Davies are two of the best attorneys in this courthouse,” according to the prosecution.

They further argued that under the Supreme Court ruling Wheat v. United States (1988) that although a defendant has the right to comprehensive and effective counsel, it does not mean that they have unrestricted the right to choose that counsel.

Judge Raffinan stated that she would be holding all motions in abeyance.

She instead ordered that Foster complete an initial competency exam before the next scheduled meeting.

Parties are scheduled to return July 19 to discuss the results of the exam.