Expert witnesses came to different conclusions during a contested competency hearing for a homicide defendant before DC Superior Court Judge Michael Ryan on July 21.
Dayshawn Nolan, 23, is charged with second-degree murder while armed for his alleged involvement in a fatal arson that occurred on July 3, 2022 at the 400 Block of Condon Terrace SE. The victim, Antoinette Davis, was immediately transported to the hospital following the arrival of firefighters, but later succumbed to her injuries on July 17, 2022.
Both the prosecution and defense had Nolan, who is diagnosed with an intellectual and developmental disability, separately tested for mental competence to see if he was fit to stand trial. To stand trial, Nolan must understand the charges against him and be able to assist in his defense.
In the second day of testimony for a contested competency screening, the prosecution’s expert, a clinical psychologist, was questioned by defense attorney Christen Romero Philips. The questioning focused on five evaluations the witness conducted on Nolan between May 2025 and April 2026. Each assessment consisted of four areas of questioning.
First, Nolan’s knowledge of plea deals and his previous convictions. Second, was Nolan’s understanding of the purpose and role of the prosecution and the judge. Third, was a series of hypothetical questions used to determine Nolan’s understanding of legal knowledge and if-then-statements. Finally, was Nolan’s ability to assist his attorneys and cooperate in a trial.
During the first three evaluations, the witness found Nolan incompetent to stand trial due to a lack of adaptive functioning – the practical, social, and conceptual skills people learn to navigate daily life. However, after an October 2025 assessment, the witness cited continued growth and development in Nolan’s adaptive functioning skills, specifically his social interactions. Nolan’s understanding of legal procedures also improved over the course of the assessments.
Through conducting her own evaluations, and a review of the documentation of additional evaluations done by Saint Elizabeths Hospital that houses psychiatric defendants, the prosecution’s expert ultimately concluded Nolan was competent to stand trial.
To support Nolan’s competence, the prosecution’s expert recommended a series of accommodations to aid him through trial.
They include simplifying legal terms, having Nolan write down any questions he might have so they can be answered during breaks or after hearings, or having someone sit with Nolan during trial to give him a play-by-play of what was happening.
Philips then asked the witness if she had been implented these accommodations during her testimony to aid Nolan, who was present in the courtroom, in understanding what was happening.
The witness responded, “No.”
Philips then used this as a segue to discuss the difficulty of implementing the suggested accommodations, pointing out flaws in each suggestion. The witness then concluded that many of these suggestions needed to be more thoroughly thought out if they were to be used, but they were a step in the right direction.
Nolan’s other attorney, Kayva Naini, re-called the defense’s expert, a clinical neuropsychologist and professor of psychiatry and neurobehavioral science, who testified that he believed Nolan’s greatest hindrance was his ability to comprehend information shared in court.
“Yes, he’s got multiple deficits but the verbal reasoning is the most important in determining competence,” the defense’s expert said.
During his testimony, Naini introduced a 2017 psychoeducational assessment of Nolan. The defense’s expert explained the report showed he fell into the first percentile, virtually the lowest score, on the Vineland Adaptive Behavior Scale, which measures adaptive functioning.
While the prosecution’s expert said Nolan’s social skills had improved, the defense’s witness testified that he found this was one of his weakest skills.
On cross-examination from the prosecution, the defense’s expert clarified that this report was completed when Nolan was between 14-and-15-years-old. When questioned by the prosecution if many individuals mature between this age and Nolan’s current age, 23, he agreed.
Both the prosecution and the defense plan to submit brief written arguments by the end of the week, allowing Judge Ryan to rule on Nolan’s competency.
Parties are slated to reconvene July 22 for a bond review hearing.
