Judge Approves Cost For Arson, Murder Defendant’s Disputed Mental Evaluation

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DC Superior Court Judge Anthony Epstein approved a voucher on Sept. 20 to pay an independent expert to evaluate D’Aundrey Scott‘s mental competency after the DC Department of Behavioral Health (DBH) found him competent to stand trial.

Scott, 30, is charged with first-degree murder, assault with intent to kill, and two counts of arson after allegedly igniting multiple fires on May 13, 2020, on the 900 block of H Street, NE. The fires injured one individual, 62-year-old Darryl Finney, who died of burns on May 15, 2020, from a firebomb that Scott allegedly threw at him.

“I don’t agree that DBH is correct that the symptoms are entirely malingering,” said Scott’s defense attorney, Jesse Winograd of the notion that Scott is faking mental illness. 

DBH based their conclusions on a preliminary screening of Scott. Winograd chose not to request a full mental evaluation of his client by DBH.

“My experience is that, once DBH makes a finding of competence, it doesn’t matter how many DBH evaluations are done. The outcome will always be to find the defendant competent,” Winograd said. “I’m going to ask for funds to hire my own competency expert.”

“It’s not my experience that DBH is necessarily dug in on any competency finding,” said Judge Epstein as he granted a voucher to pay an outside expert.

“I have continued to receive letters from the defendant as recently as last week,” the prosecutor told Judge Epstein, noting he had previously warned Scott not to write to her.

“You’re not helping yourself by sending letters to [the prosecutor],” Judge Epstein told Scott. “She has an ethical duty not to communicate with someone who has a lawyer. If you have something you think should be communicated to the prosecutor, talk to Mr. Winograd.”

The next hearing in this case will be scheduled once Scott’s mental evaluation is complete.