Judge Grants Request for Delay for Competency Evaluation

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DC Superior Court Judge Maribeth Raffinan granted a defense attorney’s motion to delay sentencing in a homicide case, voicing concern for his clients’ mental competency, during a June 13 hearing.

Jamari Payne, 22, was originally charged with second-degree murder while armed for the shooting of 57-year-old Bacilio Villatoro on Sept. 22, 2022 on the 3000 block of Adams Street, NE.

According to court documents, the murder took place in an alleyway where Payne was seen snooping around a tree company truck where Villatoro worked. Payne approached Villatoro and a physical altercation occurred resulting in Payne allegedly shooting him.

On Jan. 5, Payne accepted an offer, which required him to plead guilty to second-degree murder while armed and robbery, in exchange for the prosecution’s not seeking an indictment. Through the deal, parties agreed to a ten-to-22 year sentence range.

Payne’s defense attorney, Jason Tulley, filed a motion for ineffective assistance after the prosecution’s plea deal stated that there would be further mental health testing for Payne could take place, but hasn’t taken place.

Tulley requested a continuance so that Payne can get tested by a neuropsychologist, to potentially reduce his sentence based on diminished capacity.

The prosecution asked the court to not postpone sentencing so the family can have closure.

The defense argued for delay due to a widely anticipated Public Defender Service’s (PDS) furlough during which agency lawyers would only work four day weeks which could slow down court proceedings.

Judge Raffinan found that the defense had “good cause” for the continuance, and granted the request.

Parties are slated to return Oct. 25.