DC Superior Court Judge Judith Pipe ruled that a shooting defendant remains mentally incompetent to stand trial on April 7, despite testimony from a DC behavioral health psychologist who found otherwise.
Kevin Harrison, 24, is charged with carrying a pistol without a license outside a home or business, possession of an unregistered firearm, unlawful discharge of a firearm, unlawful possession of ammunition, and possession of a large capacity ammunition feeding device, for his alleged involvement in a non-fatal shooting on June 26, 2023, on the 2100 block of Georgia Avenue, NW. No one was injured.
In court, the prosecution called a psychologist from the Department of Behavioral Health (DBH) who conducted the competency evaluation on Harrison. She stated that through her observation of Harrison, she found he has a learning disability that did not affect his ability to learn, meaning it does not create competency concerns. She also stated that Harrison’s low testing scores that would normally indicate a cognitive defect were most likely the result of lack of effort and attendance during the evaluation.
Patrick Nowak, Harrison’s attorney, responded stating that the psychologist herself is not competent and that the prosecution failed to prove Harrison is competent.
Nowak insisted that the psychologist “grossly misstated” Harrison’s mental status and “grossly mischaracterized” the definition of a learning disability. Nowak stated that Harrison has a clear intellectual disability as defined by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) which behavioral specialists use to diagnose mental illness.
Judge Pipe agreed with Nowak, stating that the psychologist’s testimony hinged on the idea that a learning disability doesn’t impact competence. She stated that the psychologist’s fixation on attendance and effort doesn’t jibe with the facts, and bordered on being offensive. “Instead of being curious about cognitive defects she deemed them volitional,” Judge Pipe exclaimed.
Judge Pipe found that Harrison remained incompetent. The prosecution requested reevaluation by a different doctor. Nowak opposed this motion, stating they’ve “gone through this whole process,” implying that this would delay the case even further.
Judge Pipe stated she couldn’t make a finding at this point and ordered another full competency report emphasizing that it be conducted by a different doctor.
Finally, Nowak requested that Harrison be moved to curfew from home confinement. The prosecution opposed this motion, stating that this is not a standard carrying case, as it involves discharging a firearm as well. Judge Pipe granted the curfew request, citing Harrison’s lack of criminal history and perfect compliance with home confinement.
Parties are slated to reconvene April 7.
