DC Superior Court Judge Dayna Dayson alerted parties on Oct. 3 that a defendant accused of murder and also in a non-fatal shooting refused to participate in a competency evaluation by a psychiatrist to determine whether he is mentally fit to stand trial. The move threatens to push back the case.
Jordan Therman, 26, is charged with two counts of first-degree murder while armed, robbery, three counts of possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 33-year-old Denzel Greenwood on the 1900 block of 13th Street, NW, on Aug. 4, 2023.
Therman is also charged with two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and endangerment with a firearm, for his alleged involvement in the non-fatal shooting of two victims in the parking lot of a convenience store on the 3900 block of Martin Luther King Jr. Avenue, SW, on Feb. 7, 2024.
In both of these cases, defense attorney Thomas Key sought to determine Therman’s mental competency. To stand trial a defendant must understand his charges and be able to help his attorney.
According to court documents in the non-fatal shooting case, the defendant was “acting erratic on scene and appeared to be under the influence of an unknown substance.”
During a hearing on Oct. 3, Judge Dayson informed the court that Therman refused evaluation by a psychiatrist that she ordered and was unresponsive in court.
“The party that brings the competency motion has the burden to prove it and that won’t work if he won’t engage,” Judge Dayson said. “He is presumed to be competent, and I can’t rule he is not competent if he isn’t evaluated.”
Key argued that the January trial date be vacated and another mental observation hearing was critical for him to properly represent his client, who was allegedly under the influence of phencyclidine (PCP)–a powerful hallucinogen.
“I need to talk to experts about potential schizophrenia to see if this is not a knowingly committed crime. I need an expert to see how the PCP is affecting him,” Key said. “I can’t go over a plea offer if he is not going to participate or is talking about McDonald’s.”
The prosecution replied by saying that his refusal to take a mental competency exam reflects his previous history.
“His behavior is more in line with past behavior, which is not incompetency but rather strategic behavior,” the prosecution said. “This is behavior to avoid a trial date. He is feigning mental illness.”
Judge Dayson was hesitant to schedule another mental observation hearing and postpone trial to a later date if Therman did not plan to participate.
“I don’t know how this will go if Mr. Therman will not speak to anyone,” Judge Dayson said. “He failed to participate; he’s been admonished to do so.”
Judge Dayson scheduled an additional mental observation hearing and pushed back Therman’s trial dates at the request of the defense.
Parties are slated to reconvene Oct. 10.
