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By
D.C. Witness Staff
- February 21, 2019
Court
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Homicides
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During a motions hearing Feb. 21, a D.C. Superior Court judge said she would hear arguments concerning forcibly administering non-emergency medication to a murder defendant at a later date.
Brandon Byrd is charged with first-degree murder while armed and carrying a dangerous weapon for his alleged role in the death of his 44-year-old father, Otis Byrd, on the 100 block of Michigan Avenue, NW in 2016. Byrd, 23, currently resides at St. Elizabeth’s Hospital, DC’s psychiatric hospital.
Judge Danya Dayson said she would hear from parties on the issue at the next hearing, which is scheduled on Feb. 27. Judge Dayson also issued a stay, ordering St. Elizabeth’s not to medicate Byrd “involuntarily.”
During the hearing, a St. Elizabeth’s representative said that Byrd is “extremely symptomatic,” and “decompensating.” She did not say anything further regarding his diagnosis.
However, Byrd’s defense attorney, Craig Hickein, said that forcibly medicating a patient is unconstitutional.
According to DC Courts, the defense filed two motions, one on Feb. 15 and another in 2017 to prohibit St. Elizabeth’s from administering non-emergency medication involuntarily.
The court ultimately ruled that St. Elizabeth’s has the “authority” to medicate Byrd involuntarily. The ruling was then appealed and is still pending a resolution, according to Hickein.
In November of 2018 Judge Ronna Beck said the court would refrain from making a decision on the matter because the issue was being reviewed by the Court of Appeals.
According to court documents, an eyewitness saw Byrd hit his father multiple times in the chest in the garage of the Washington Hospital Center. However, the witness didn’t see Byrd with a knife. Apparently, Byrd previously threatened to kill his father.