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By
Maggie Rhoads [former]
, Hayden Clark [former] - June 26, 2024
Carjacking
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Daily Stories
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Suspects
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Victims
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A trial date for a carjacking and burglary defendant remains uncertain after the defendant’s incomplete mental competency exam.
Kenneth Phillips, 24, is charged with unarmed carjacking, unauthorized use of a vehicle and second-degree burglary for his alleged involvement in a carjacking and burglary on the 2000 block of 4th Street, NE on Nov. 15 and Nov. 16, 2021.
During the hearing before DC Superior Court Judge Robert Salerno on June 25, Phillips’ attorney, Joseph Yarbough, told Judge Salerno that the defendant was unable to complete his ordered mental competency exam because the D.C. Department of Corrections (DOC) is not carrying out the order.
Yarbough requested Phillips be transferred to St. Elizabeths Hospital to ensure he receives the ordered exam. He said Phillips has been in solitary confinement for more than 400 days which is only worsening his mental status.
He also asked the trial date for Phillips, originally scheduled for July 8, to be moved to October to ensure Phillips receives the exam.
Judge Salerno agreed to vacate the July trial date and scheduled it on Oct. 7.
But, Judge Salerno rejected Yarbough’s request to move Phillips to St. Elizabeth’s because there is no explanation why Phillips has not received the study.
He said someone from the DOC could possibly say Phillips is not cooperating with them to take the exam.
Phillips asked why they could not just go to trial. “You don’t understand anything,” Phillips told Judge Salerno.
Yarbough requested the trial date be moved back to July, so Phillips could be moved out of solitary confinement sooner rather than later. He also asked Judge Salerno to cancel the exam so they could move towards trial.
Judge Salerno initially rejected the idea of canceling the exam, given earlier concerns, but then said he would accept it if Yarbough said Phillips no longer need a competency exam.
According to court documents, Phillips allegedly stole a victim’s car after knocking him onto the ground and taking his keys. The next day, the evidence shows he drove to the victim’s house in the stolen car.
Phillips allegedly broke into the victim’s house where he stole valuable items including a television, a ring, gold chains and a camera.
The Metropolitan Police Department (MPD) found and arrested Phillips by tracking him through surveillance footage. They allegedly found the victim’s stolen car with the television from the burglary in the trunk.
Judge Salerno asked the prosecution if they could move the trial date back to July 8.
The prosecution said they are unsure and requested a continuance, which Judge Salerno granted.
Parties are set to reconvene on June 26 to discuss whether the trial will be in June or October.