Charles James Givens
After undergoing a psychological evaluation, Charles James Givens, 40, was determined by Lee County District Court Judge Larry Lewis on Monday to be presently incompetent to stand trial — according to a summary account provided by Lee County Commonwealth’s Attorney Shawn Hines. But Dr. Andrew Steward, who conducted the evaluation, believes he will be deemed competent after a short amount of time.
Givens was arrested on March 4 and charged with first degree murder after he turned himself in for shooting 22-year-old Misty Leann Garrett, a home health worker of Jonesville, Va.
Garrett was visiting Given’s mother at her residence on Blue Hollow Road in Rose Hill, according to the Lee County Sheriff’s Office. The residence was also Charles Givens’ home.
The prosecution is arguing that the killing was premeditated by the defendant, though the prosecution cannot proceed with the preliminary hearing until Givens' competency is restored, according to Hines.
On March 8, Given’s court-appointed attorney C.M. Callahan, Jr., filed a motion seeking a mental evaluation for Givens to determine his mental state at the time of the offense as well as his competency to stand trial, according to the account.
Hines’s account further states that Steward, a licensed clinical psychologist appointed by the court, evaluated Givens on March 11, by conducting a one-hour interview with Givens at the Duffield Regional Jail, and he reviewed Givens’ mental health records and various documents related to the present criminal charge.
Steward said that Givens was quite capable of understanding the legal proceedings and courtroom process, but possibly would have difficulty assisting his defense counsel during a trial. The doctor’s reasoning was based on an account Givens had told the doctor that someone outside of the jail had tried to shoot him the night before the interview. The doctor described these thoughts as active hallucinations, delusions, or paranoia that might hinder Givens' ability to assist his counsel, according to Hines’ account.
The doctor submitted a report to the court saying that Givens was not competent to stand trial. The Commonwealth objected to that conclusion and demanded a formal evidentiary hearing before Judge Lewis. This evidentiary hearing is required by statute if requested by the court, prosecution, or defense. Such hearing is also required if it appears the likely outcome will be hospitalization if the person is deemed not competent.
Steward recommended that Givens be kept in a secure treatment facility, such as Marion Correctional Treatment Center, until his competency can be restored. The doctor felt that there was a reasonably good chance Givens' competency could be restored in a short amount of time.
Under cross-examination from Hines, the doctor admitted that Givens could possibly be making up the delusions and hallucinations he reported, but that he thought it better to err on the side of caution and conclude Givens was not competent at the present time. The doctor testified that his conclusion would allow Givens to be sent off for a more extensive evaluation.
Later in the hearing, Hines played the 911 phone call made by Givens to Lee County dispatch as well as the video-taped confession Givens made to a sheriff's investigator. The Commonwealth argued that the phone call and video confession established that Givens knew what he was doing, that he understood right from wrong, and that he was competent to stand trial on these matters.
According to Hines’ account, Judge Lewis said that the video and 911-call played by the Commonwealth were compelling on the issue of competency, but that he gave greater weight to the testimony of Dr. Steward. The Judge ruled that Givens was not competent to stand trial.
Hines argued that Givens should be placed in secure facility so that he can receive the necessary treatment to restore him to competency. Judge Lewis agreed and ordered that Givens be treated in a secure facility in either Marion or Petersburg, Virginia.
Under Virginia law, Givens will be further evaluated upon his arrival at the treatment facility. This evaluation must be conducted by at least one psychiatrist and one psychologist. The Commonwealth expects this evaluation will be much more in depth than that conducted by Dr. Steward.
“There is no immediate time table on how long it will take to restore Givens to competency,” said Hines in the summary. Givens will remain in the secure facility until his competency is restored; after which, he will return to Lee County for trial.
Stephen Woodward is a Staff Writer for the Daily News. He may be contacted at swoodward@middlesborodailynews.com.
Post a Comment
