DC Superior Court Judith Pipe granted 30 extra days for an evaluation to show whether a shooting suspect, initially found incompetent, is now mentally fit to stand trial during a hearing on July 2.
Kevin Harrison, 24, is charged with unlawful discharge of a firearm, possession of an unregistered firearm, unlawful possession of ammunition, possession of a large capacity ammunition feeding device, and carrying a pistol without a license outside a home or place of business for his alleged involvement in a non-fatal shooting on June 26, 2023, on the 2100 block of Georgia Avenue, NW. No injuries were reported.
The law requires that to stand trial a defendant must understand the charges against him and participate in his legal defense.
The Department of Behavioral Health (DBH) report showed Harrison was attending classes and making good progress towards competency; however they didn’t say that his competence can be restored. The DBH also shared that Harrison refused to discuss the case.
Defense attorney Patrick Nowak argued that Harrison had already completed three restoration attempts and was failing because his cognitive impairment, specifically a learning disability prevented him from a rational understanding of his case.
He insisted that it’s the prosecution’s burden to prove that there is substantive probability of mental restoration so a trial can proceed.
Judge Pipe stated “I am giving them one more opportunity,” but she made it clear that the prosecution must have an expert witness testify to the finding.
The next hearing is Aug. 5.