DC Superior Court Judge Deborah Israel told a stabbing defendant on July 21 that doctors had determined he was malingering, namely faking, the appearance of mental incompetence.
Chauncey Liverpool, 33, is charged with assault with significant bodily injury while armed and assault with a dangerous weapon. The charges stem from a Sept. 9, 2025 incident on the 4000 block of 3rd Street, SE, in which prosecutors allege Liverpool stabbed a friend twice with a pair of scissors after a conversation became heated.
Liverpool is also charged with two counts of felony contempt for allegedly violating a court order to stay-away from the victim on June 3, 2026.
Judge Israel said she had received five reports from the Department of Behavioral Health (DBH), all of which deemed Liverpool competent to stand trial. A defendant is deemed competent when they have a rational understanding of the charges and the ability to assist in their defense.
In their reports, two doctors from the DBH claimed that Liverpool behaved differently in front of them than he did in front of Judge Israel, and they concluded that his behavior was a result of malingering in an effort to be deemed incompetent to stand trial. Malingering is when a person intentionally exaggerates or fabricates an illness, either mental or physical, to gain a benefit.
Liverpool’s attorney, Howard McEachern, indicated his client’s strong interest in invoking a not guilty by reason of insanity (NGRI) plea when the defendant argues they should not be held criminally responsible due to their inability to comprehend the true nature of their actions at the time of the offense.
Judge Israel reminded Liverpool that an NGRI plea could result in a longer sentence than a conviction from a jury or plea deal. If the NGRI plea is successful, Liverpool would spend the duration of his sentence at Saint Elizabeths Hospital. Judge Israel also added that an NGRI plea would render the defense responsible for proving Liverpool’s insanity at the time–that he didn’t know right from wrong.
The prosecution established that pleading NGRI would prove a “big issue,” given their position that this plea was not supported by the evidence of the case.
Liverpool expressed concern about the qualifications of one of the doctors who had deemed him competent to stand trial.
“She told me she loved me. I don’t even know her,” Liverpool said.
As parties discussed the NGRI plea, Liverpool continued on to convey his frustration with the trial process and the “back and forth” he experienced.
“I’m just trying to get it over with,” Liverpool said.
Prosecutors said they were willing to re-extend a plea offer that had expired earlier in the case. On Feb. 10 they had offered Liverpool a deal in which they would not seek indictment on any other charges if Liverpool pleaded guilty to assault with a dangerous weapon. Liverpool declined that deal at the time.
Judge Israel ordered a criminal responsibility exam for Liverpool to determine if he could use an NGRI defense. The evaluation will take 45 days to complete.
Parties are scheduled to reconvene on Sept. 15.
