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By
D.C. Witness Staff
- March 18, 2021
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A DC Superior Court judge resumed arguments and a cross examination to determine whether a homicide defendant should be forcibly medicated in order to restore his competency to stand trial.
Daryl Thompson, also known as Darryl Tompkins, is charged with two counts of first-degree murder while armed in the deaths of 29-year-old Edward Roberts Jr. and 23-year-old Tyler McEachern. On July 30, 2016, Roberts was found on the 3500 block of 14th Street, NW suffering from several gunshot wounds. One month later, on Aug. 29, 2016, McEachern was found on the 3100 block of Buena Vista Terrace, SE also suffering from multiple gunshot wounds. Both victims were taken to nearby hospitals, where they were pronounced dead.
During the March 17 proceedings, defense attorney Pierce Suen continued discussion about the alleged misrepresentations the prosecution’s expert witness made at the start of the hearing in December of 2020. Suen asked the record to reflect that the expert doctor misrepresented data and articles regarding competency restoration treatment success rates.
Suen also said it is troubling that the prosecution refuses to concede that its expert witness was wrong.
Judge Neal Kravitz said he believes there isn’t much doubt on record that the doctor misstated the findings of the study, but he does not believe the misrepresentation would make much of a difference in the prosecution’s argument.
“I am being tried twice for the same crime,” Tompkins told the judge, “which is a constitutional fifth amendment violation.” Tompkins explained that his reasoning for his argument was in several letters he mailed to the judge.
Judge Kravitz said he never received any letters and said Tompkins has no basis for a double jeopardy motion.
Counsel also questioned a new expert witness about criteria that constitutes a sound reliable study for drug functionality and treatment to restore competency. The witness, a medical doctor, criticized the articles in question based on a lack of ability to generalize, a skewed population sample, limited applicability to the defendant, limited data and flawed methods.
After both parties cross examined the witness, Judge Kravitz continued the hearing to allow time for parties to file briefings of their arguments.
Tompkins has 12 additional charges that include assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license, obstructing justice, and threat to kidnap or injure a person.
His next hearing is scheduled for June 15, at which time Judge Kravitz said he will make an oral ruling on the case.