A neuropsychologist testified before DC Superior Court Judge Michael Ryan that a murder defendant is not mentally competent to stand trial due to a severe traumatic brain injury (TBI) on Nov. 21.
Tyree Bratcher, 19, is charged with conspiracy, second-degree murder while armed, four counts of assault with intent to kill while armed and tampering with physical evidence for his alleged involvement in the shooting death of 19-year-old Tyreek Moore on Jan. 22, 2024, on the 4600 block of Minnesota Avenue, NE.
Bratcher is also charged with second-degree murder for his alleged involvement in the vehicular death of 18-year-old Devin Clark. Bratcher also sustained a head injury during the collision.
During the hearing, a neuropsychologist–with expertise about how the brain affects behavior— testified that, based on his evaluations he does not believe that Bratcher is competent to stand trial. He said that Bratcher sustained a severe TBI during the car crash.
According to the neuropsychologist, competency is defined by the ability to have a rational and factual understanding of court proceedings. He said that Bratcher’s TBI diminished that capacity.
During cross-examination from the prosecution, the expert said that Bratcher’s score on a test measuring delayed memory was “almost as low as it can physically be.” He said that 99.8 percent of people would score better than him.
The specialist also testified that Bratcher sustained injuries to his frontal lobe and brain stem, which are responsible for decision-making and executive functioning. Additionally, he said Bratcher has a diffuse axonal injury, which can tear nerve fibers impairing communication between neurons.
“This injury is not something you recover from fully,” the expert said.
According to the expert, Bratcher has improved in motor skills, such as holding a pencil and walking, but it is unlikely that his neuropsychological functioning will be restored.
Judge Ryan also questioned the expert, emphasizing that he has to decide competency based on objective measures.
Following the expert’s testimony, Bratcher’s defense attorney, Sylvia Smith, requested that the Department of Behavioral Health (DBH) not ask Bratcher questions that may incriminate him during evaluations. The prosecution objected.
“You can’t tie the doctor’s hands behind their back,” the prosecutor said.
They set a new hearing date to discuss the issue further.
Parties are slated to reconvene Feb. 20.
