Judge Denies Motion to Stop Forcing Murder Defendant to Take Meds

By D.C. Witness Staff - February 27, 2019
Court | Daily Stories | Homicides | Suspects |

During a status hearing Feb. 27, a judge denied a motion that would have stopped a hospital from forcibly giving a murder defendant medication.

Brandon Byrd is charged with first-degree murder while armed and carrying a dangerous weapon for his alleged role in the death of his 44-year-old father, Otis Byrd, on the 100 block of Michigan Avenue, NW in 2016.

Byrd, 23, currently resides at St. Elizabeth’s Hospital, D.C.’s psychiatric hospital. He was not present for the hearing because of his attorney’s concern with his mental state.

D.C. Superior Court Judge Danya Dayson said she was persuaded that if Byrd was off his medication, he would harm the hospital’s staff or himself. D.C. Witness previously reported that a St. Elizabeth’s representative said Byrd was “extremely symptomatic” and “decompensating.”

The issue has been challenged by the defense before. In 2017, a motion was filed to prohibit St. Elizabeth’s from administering non-emergency medication involuntarily. The court was awaiting a ruling from the Court of Appeals before making a decision on the issue of forced medication.

During the wait the motion to prohibit St. Elizabeth’s from forcibly administering medication was resubmitted by the defense on Feb. 15.

Byrd’s defense attorney, Craig Hickein, said forcibly administering medication to a patient is unconstitutional.

Judge Dayson granted another stay, the first was enacted on Feb. 21, to prevent St. Elizabeth’s from medicating Byrd involuntarily for two weeks. The stay would give the defense time to file again with the Court of Appeals. Judge Dayson said the defense has two weeks to file. According to the U.S. Court of Appeals for the Fourth Circuit, a defendant’s notice of appeal must be filed within 14 days after entry of judgement.

According to court documents, an eyewitness saw Byrd hit his father in the chest multiple times in a parking garage at Washington Hospital Center. The witness didn’t see Byrd with a knife. However, police found a bloody steak knife on the scene.

Byrd is scheduled for a status hearing on March 1.