DC Superior Court Judge Deborah Israel deemed a non-fatal stabbing defendant incompetent on Dec. 3, following a report from the Department of Behavioral Health (DBH).
Michael Burke, 45, is charged with aggravated assault knowingly while armed for his alleged involvement in a non-fatal stabbing during a street fight on the 1700 block of Rhode Island Avenue, NE, on April 16, 2024.
The judge reviewed a competency report prepared by DBH. The report had not been fully completed because a lockdown at the Department of Corrections (DOC), along with additional scheduling issues, prevented a doctor from finishing her observation of Burke.
Despite the incomplete evaluation, the doctor reported significant concerns. She noted that Burke demonstrated illogical conclusions, was not receptive to suggestions, and showed signs consistent with psychosis. The report described ongoing psychological difficulties, including delusions, disorganized and pressured thoughts, impaired self-control, and an inability to meaningfully work on or understand his case.
The prosecution ultimately supported moving Burke to the hospital for competency restoration efforts.
The judge determined Burke as legally incompetent based on the Dec. 2 report. In order to stand trial, a defendant must be able to understand the charges and be able to help his attorney defend the case.
During the hearing, Burke attempted to raise questions about an earlier competency report dated Aug. 21, stating, “I have a right to challenge the competence report. It’s a due process issue in my mind.”
The judge clarified that the focus of the day’s hearing was the December report, though she later provided Burke with the August report, noting that it also found him incompetent.
The judge instructed Burke not to file further motions until he is deemed competent, as they would otherwise be rejected without prejducice.
The court ruled that Burke will be transferred to Saint Elizabeths Hospital for inpatient competency restoration.
Parties are slated to reconvene on Jan. 7.
