Judge Denies Defendant’s Request for Competency Hearing

By Vivien Williams - June 17, 2024
Carjacking | Daily Stories |

DC Superior Court Judge Robert Salerno denied a defendant’s request to have an evidentiary hearing to discuss his competency finding during a June 14 hearing. 

Lawrence Cummings, 31, is charged with unarmed carjacking, two counts of robbery, simple assault, threat to kidnap or injure a person, and unlawful entry of a motor vehicle, for his alleged involvement in a carjacking on Feb. 19 on the 300 block of 51st Street NE.

Cummings had allegedly forced an individual out of his Toyota Prius and drove off with it. No individuals sustained injuries during the incident.

Cummings’s attorney, Joseph Yarbough, argued that an insanity plea would be warranted due to Cummings’ history of mental health issues. In a motion filed on May 28, Yarbough requested to have a competency hearing “concerning Mr. Cummings’ lack of memory of the incident.” 

Judge Salerno denied the motion arguing that, “There have been six competency evaluations in this case, each one saying he was competent.” He added that there is “nothing to be achieved by another competency evaluation.”

“Drug use was a factor in their analysis,” the prosecution stated, regarding the doctors’ evaluations of Cummings’ competency.

However, the prosecution added that although all drug tests were negative, “drug use cannot be ruled out” as tests may not “capture all drugs or results may be distorted as a result of water loading.”

Water loading is a method used to “defeat” drug tests in that drinking large amounts of water can dilute a urine sample.

Yarbough argued that Cummings was not trying to defeat the drug test and added that before being tested, “He got one small cup of water, and that’s it.”

He insisted expert opinion can be unreliable, stating that “This evidence is solely trying to get the jury to speculate that he was trying to defeat the drug test.”

However, Judge Salerno wanted to include expert opinion stating that, “I’m not a mental health professional, I don’t give opinions on whether or not someone was sane at the time of an event.” 

Parties are slated to reconvene July 19.