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‘Agitated’ Homicide Defendant Receives Another Competency Eval After Unruly Behavior in Mental Health Court

A judge presiding over Baltimore City Circuit Court’s mental health proceedings ordered another competency evaluation for an unruly homicide defendant who refused to speak with his defense counsel and initially refused to appear for his court hearing on Oct. 16.

Following a competency evaluation from Clifton T. Perkins Hospital in January, Judge Gale E. Rasin deemed 28-year-old Bryant Whitaker competent to stand trial for the murder of Markell Wall in East Baltimore in July 2018. Whitaker’s attorney, Matthew Connell, previously raised concerns over the report, saying the determination was made after a 10-minute interview between his client and a psychiatrist.

The defendant had been found competent on three separate occasions prior to the January finding.

On Wednesday, Judge Rasin was informed that Whitaker refused to leave his cell.

Judge Rasin ordered the defendant attend his hearing. Connell did not attend the Zoom proceeding; however, mental health attorney Sharon Bogins stood in to represent the defendant.

Bogins told Judge Rasin that Whitaker appeared “agitated” throughout the proceeding and was “constantly talking” for at least a half hour. The attorney “personally requested” a new competency hearing despite his earlier diagnosis of antisocial personality disorder (ASPD).

The prosecutor added she was not opposed to another evaluation.

Judge Rasin noted that Whitaker’s behavior may be attributed to his ASPD but agreed with counsel to have the defendant undergo another evaluation.

Whitaker is currently charged with first and second-degree murder, firearm use in a felony or violent crime and illegal possession of a firearm for the 24-year-old victim’s murder on July 21, 2018. During the investigation, Baltimore Police found surveillance footage that showed Wall approach an unknown person—later identified as Whitaker—on the corner of Darley Avenue and Aiken Street. Moments later, Whitaker shot Wall, who retreated to his vehicle.

Wall was taken to Johns Hopkins Hospital, where he died from his injuries.

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