Judge Orders Mental Competency Evaluations for Murder Co-Defendants

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On March 12, DC Superior Court Judge Robert Okun ordered mental competency evaluations for two juveniles, charged as adults under Title 16, in connection to a homicide. 

Marlan Smith and Anthony Monroe, both 17, are charged with first-degree murder while armed for their alleged involvement in the fatal shooting of 17-year-old Antonio Cunningham on Sept. 11, 2023, on the 2300 block of Washington Place, NE. 

According to court documents, the incident stemmed from a failed robbery attempt and injured a bystander that tried to intervene. 

During the hearing, Stephen LoGerfo, Monroe’s defense attorney, stated Monroe is currently receiving restoration classes at the Department of Youth Rehabilitation Services’ (DYRS) Youth Services Center (YSC), based on the findings of a competency evaluation ordered by another judge in an unrelated matter. 

LoGerfo stated that as of now Monroe is incompetent in the unrelated matter, and would request that the Department of Behavioral Health (DBH) do an mental evaluation on Monroe. 

Likewise, Thomas Key, Smith’s defense attorney, requested a competency evaluation for his client. 

Judge Okun and the prosecutors agreed with the parties, stating that it would be best for DBH to do the evaluation, rather than doctors at DYRS. 

Judge Okun ordered a mental competency evaluation for both defendants. 

The prosecution also alerted the court they had extended a wired plea offer to the defendants, which will be dealt with when their competency issues are resolved. 

According to court documents, the prosecution offered Smith a plea deal that requires him to plead guilty to second-degree murder while armed and assault with a dangerous weapon, in exchange for the prosecution not seeking an indictment, and a dismissal of his current juvenile cases. 

Through the plea deal, parties would agree to a sentencing range of 13-to-18 years of incarceration. 

It is unclear what the offer would entail for Monroe. 

Parties are slated to return May 3. 

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