Judge Rules Defendant Incompetent One Month Before Trial

By D.C. Witness Staff - June 28, 2018
Court | Homicides | Suspects |

One month before his scheduled jury trial, a judge ruled June 27 that a murder defendant was not competent. 

Jerrell Powell and Jeremiah Jordan are charged with first-degree murder for allegedly shooting Antoine McCullough on the 3500 block of 18th Street, SE in 2016. According to court documents, McCullough, 30, told witnesses he was jumped. Nearby surveillance videos captured three people getting into a verbal altercation with McCullough and following him after he tried to leave.

Powell’s attorney, Brandi Harden, presented DC Superior Court Judge Danya Dayson with a report from a doctor at St. Elizabeths Hospital, DC’s psychiatric hospital. The report contradicted a previous diagnosis made by another doctor in 2017 that said Powell was competent. 

Harden said she had suspicions of Powell’s original doctor being biased against Powell. Along with the apparent misdiagnosis, Harden said the previous doctor also prescribed the wrong medication to her client.

Defense counsel previously requested a motion of severance for the defendants. Judge Dayson told Harden June 25 that if Powell were found incompetent, “Jordan would likely move on by himself.” Judge Dayson said she would decide on the motion by the trial readiness hearing scheduled on July 20.

The prosecution objected to Powell returning to St. Elizabeths. Judge Dayson overruled the objection and order Powell to return to St. Elizabeths for treatment. 

Jordan was not present at the hearing.