Judge Finds Defendant Competent, Moves Him to DC Jail

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A DC Superior Court judge found a defendant competent to stand trial, saying his random spouts of difficult behavior seem intentional.

The defendant is charged with kidnapping while armed, first-degree sex abuse while armed with a dangerous weapon and assault with a dangerous weapon. He allegedly committed these crimes on Sept. 23, 2012. 

Judge Michael Ryan said the staff at St. Elizabeth’s Hospital, DC’s psychiatric institution, noticed that the defendant can purport his behavior when he wants to comply with treatment.

A bench warrant was issued for his arrest on Feb. 12. At the time, the defendant was in St. Elizabeth’s, where staff were trying to help him gain competency to stand trial for another case. He has been in the hospital since December of 2019. 

The warrant was cancelled on Feb. 25, the day he was found competent to stand trial in his theft case and transferred to DC Jail. 

The defendant was sent back to St. Elizabeth’s three days later, after Judge Danya Dayson raised concerns about his competency. 

The defendant’s first competency evaluation in his new case was conducted on Feb. 27. The evaluation did not give the doctor enough information to determine if he was competent. 

Another competency exam was scheduled, but did not occur due to the defendant’s refusal to participate. He then began a letter writing campaign to the court to argue for his incompetence. He wrote five letters to the judge.

In his most recent competency evaluation, doctors were unable to reach a conclusion about his competency.

Defense attorney Andrew Ain asked that his client remain in St. Elizabeth’s. Ain said he has called the defendant almost every day and has yet to have a productive conversation with him. Ain also asked Judge Ryan to consider that DC Jail does not have an involuntary medication program. His client was on such a program at the hospital.

The prosecution said the defendant’s letter writing campaign where he argued for its dismissal proves that he is able to understand the case.

The defendant will appear in court again on Sept. 3 to discuss the status of his case.

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