DC Superior Court Judge Neal Kravitz deemed a defendant mentally competent to stand trial on Jan. 23 after receiving a conclusive report from the Department of Behavioral Health (DBH).
Mario Kirksey, 36, is charged with assault with intent to kill while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, three counts of possession of firearm during a crime of violence, and unauthorized use of a vehicle. The charges stem from his alleged involvement in a shooting on the 1300 block of Okie Street, NE on Feb. 28, 2024. One individual sustained injuries during the incident.
At the hearing, Judge Kravitz alerted the parties of the report from DBH which deemed Kirksey competent to stand trial, ending a five month-long debate on Kirksey’s competency. In order to stand trial a defendant must be mentally competent enough to understand the charges against him and help his attorney.
His defense attorney, Terrence Austin, said that Kirksey asked for a replacement attorney. Austin said that Kirksey felt Austin had ulterior motives and lied to him. The defendant also told Austin that he wanted a lawyer outside of the Public Defender Service (PDS).
Kirksey spoke directly to Judge Kravitz saying nobody acknowledges his concerns and he is being forced into a guilty situation when he’s innocent.
Judge Kravitz reminded the defense that Kirksey requested different counsel in August of 2025, but then decided to keep Austin. He also told the defendant that he should have a lawyer that he feels is fighting for him, and recommended that he accept a lawyer within PDS because they have many capable individuals to take on his case.
Judge Kravitz asked Austin how long he would need to find a new lawyer for Kirksey. Austin estimated about a week.
Kirksey asked Judge Kravitz if Austin had demanded a speedy trial. The judge said that he was sure that Austin did so.
The prosecutor said that he wants to share new evidence and reopen a plea offer to the incoming attorney. The terms of the deal were not discussed in court.
Parties are slated to reconvene on Feb. 13.
