Defense attorney Anthony Smith presented a motion asking DC Superior Court Judge Carmen McLean to dismiss the charges against his client, who has repeatedly been found incompetent to stand trial, at a hearing on July 14.
Dwayne Waller, 74, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal stabbing on Sept. 18, 2022, on the 400 block of H Street, NW. One individual was injured in the incident.
According to court documents, the victim told police that Waller attacked him with a large kitchen knife while the victim was trying to take out the trash at the apartment complex where the victim was an employee and Waller was a resident.
The court ordered a mental competency evaluation for Waller in 2022. When the medical report showed Waller was incompetent to stand trial, he received competency restoration treatment to determine if he could understand and participate in his legal proceedings.
A mental competency evaluation in 2023 showed Waller had not regained competence, in spite of his competency restoration treatment.
“There is no indication that he will regain competency in the foreseeable future,” Judge McLean said in the hearing, paraphrasing the results of Waller’s evaluation.
Smith told the court that efforts are being made to find a facility outside of the criminal justice system that can provide Waller with the 24-hour care he needs, but the arrangements can’t be finalized due to the continuing criminal case against Waller.
The prosecutor acknowledged Waller is unlikely to regain competency, since he has been diagnosed with dementia. She nevertheless opposed the motion to dismiss the charges against Waller, saying it’s important to keep the case against Waller open so the prosecution can continue to have access to Waller’s medical records and monitor his competence.
According to the prosecutor, the law allows the prosecution to keep a case of violent crime open for five years while trying to reestablish a defendant’s competency.
The prosecutor said Waller’s care is not affected by whether the case is open or closed because he needs 24-hour care in a secure nursing facility regardless. He is currently receiving treatment at Saint Elizabeths Hospital, run by the DC Department of Behavioral Health (DBH).
Judge McLean said she needs more time to consider the information presented by the prosecution. Since Waller has not had a mental competency evaluation since 2023, Judge McLean ordered one.
Parties are scheduled to reconvene on Sept. 12.
