DC Superior Court Justice Neal Kravitz said at a Sept. 24 hearing that a doctor could not write an opinion on a shooting defendant’s mental competency after he did not fully cooperate with the examination.
Mario Kirksey, 36, is charged with assault with intent to kill while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, three counts possession of a firearm during a crime of violence and unauthorized use of a vehicle. The charges stem from his alleged involvement in a shooting on the 1300 block of Okie Street NE on Feb. 28, 2024.
One person was injured during the incident.
Parties met Sept. 24 to discuss the results of a mental competency screening Judge Kravitz had ordered for the defendant at an Aug. 25 hearing.
Judge Kravitz kicked off the hearing by noting that a psychiatrist from the Depart of Behavioral Health (DBH) who worked with Kirksey had been unable to offer an opinion about his competency. Kirksey was “unengaged and unforthcoming” during the exam, Kravitz said.
Kirksey’s attorney, Terrence Austin, told the court that he would like to locate his own expert to evaluate Kirksey and return in 30-to-45 days. Judge Kravitz and the prosecution expressed no opposition to Austin’s plan, though the prosecution asked that DBH attempt to examine Kirksey again in the meantime.
“We’ll issue an order asking DBH to interview Mr. Kirksey again,” Kravitz said.
Kravitz instructed Kirksey on the importance of the examination and asked him to work with DBH going forward. Kirksey responded that he had a hard time working with DBH because the examination felt forced.
“When you feel like you’re being forced and bullied into something, it’s hard to communicate in the situation,” Kirksey said.
Parties are slated to reconvene Nov. 14.
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