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By
D.C. Witness Staff
- February 18, 2021
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A DC Superior Court judge ordered a competency exam for a defendant on probation for misdemeanor sex abuse of a child or minor.
Defendant Phillip Drumgoole, 32, was convicted in January 2019. He has since reportedly been non-compliant with the conditions of his probation. In January 2020, a judge ordered a full competency exam. The defendant was eventually detained at DC Jail after a bench warrant was issued for his arrest.
During the Feb. 17 hearing, Defense attorney Marnitta King asked Judge Jonathan Pittman to give her client one more chance to complete his mental observation exam in an outpatient setting.
King said she was concerned that the lack of psychiatric care beyond medication in the DC jail would be detrimental to her client. She also asked Judge Pittman to transfer Drumgoole to Saint Elizabeth’s Hospital, DC’s psychiatric institution, for an inpatient evaluation and treatment if he was unwilling to take the outpatient route.
The prosecution said Drumgoole’s numerous bench warrants and probation violations, should not be evaluated in an outpatient setting.
The prosecutor said Drumgoole has demonstrated irresponsible behavior regarding the court case, with violations including failure to register as a sex offender and violating stay-away orders. However, the prosecutor was not opposed to transferring Drumgoole to an inpatient hospital.
Judge Pittman decided that Drumgoole should remain in jail for the exam, declining to send Drumgoole to Saint Elizabeth’s at this time.
Judge Pittman said the evaluator should make that decision after the exam is completed if inpatient mental health care is necessary.
A mental observation hearing is scheduled for March 23.
Alaina Provenza wrote this article.