A DC Superior Court judge asked the prosecution to provide reasoning as to why an inmate should continue to be detained at a mental hospital.
Wade Westmoreland is charged with simple assault, attempted threats to do bodily harm possession of a prohibited weapon and bail violation.
The prosecutor told Judge Michael Ryan that information on the prosecution’s position was not ready on April 21, but the prosecutor said the information would be ready on April 22.
Westmoreland has been at St. Elizabeth’s Hospital, DC psychiatric institution, since Nov. 6, 2019.
A petition was filed on April 15 that stated that the court received a report from the Department of Mental Health that stated that Westmoreland is currently incompetent to stand trial.
According to the report, there is “no substantial probability that the defendant will attain competence, or make substantial progress towards that goal, in the foreseeable future.”
Westmoreland’s attorney, Marnitta King, said Westmoreland cannot be held at the institution for an indefinite amount of time per a Supreme Court ruling in 1972.
Judge Ryan said he would continue the case until either April 23 or April 24, depending on courtroom availability.
