A defense attorney asked DC Superior Court Judge Neal Kravitz on May 15 to dismiss a 10-year-old homicide case against his client after the court deemed him mentally incompetent to stand trial five years ago.
Brandon Byrd, 30, is charged with first-degree murder while armed and carrying a dangerous weapon outside a home or business for his alleged involvement in the fatal stabbing of his dad, 48-year-old Otis Byrd on Aug. 10, 2016 on the 100 block of Michigan Avenue, NW.
According to court records, pursuant to Jackson v. Indiana (1972), found was Brandon incompetent to stand trial on March 22, 2021. To stand trial, a defendant must understand the charges against them and be able to assist in their defense. After the Jackson finding, the court granted the prosecution’s request to commit Brandon to Saint Elizabeths Hospital for treatment under a civil commitment to restore his competency.
The parties have since met once a year to check in about Brandon’s competency and renew his mental status.
At the hearing, Judge Kravitz acknowledged the five year mark had passed since the Jackson finding, but because of the seriousness of the charges, the law did not require him to dismiss the case.
Brandon’s attorney, Craig Hickein, made an oral request to dismiss the charges without prejudice, meaning the prosecution can refile them at a later date. Hickein argued it would cause no harm to prosecutors and noted Brandon’s in-patient commitment to Saint Elizabeths for at least the next year.
The prosecutor opposed dismissal but said if Hickein filed a written motion, they would respond, and parties could litigate the issue. Judge Kravitz agreed that the defense should file their request and if necessary, he would schedule a hearing.
The parties are scheduled to reconvene on May 14, 2027.
