Dementia Patient Mentally Competent to Stand Trial?

April 03, 2011

A 78-year-old dementia patient in a nursing home killed a 70-year-old living on the same floor by bashing his head with a door, authorities said, but it's unclear whether he will be charged with homicide.

Ray Dunmyer Jr. was charged with aggravated assault and transferred to another facility

Two nurse's aides discovered Shaw lying in a pool of his own blood and saw Dunmyer slamming a heavy wooden door against Shaw's head, state police Trooper Kenneth Durbin said.

The aides struggled to control Dunmyer, who hit one of the aides in the face and kicked the other in the back before they could subdue him, Durbin said.

The Cambria County coroner ruled Shaw's death a homicide Tuesday, saying he died of head trauma from being struck with the door. Shaw also had bruises all over his body from being beaten, the coroner found.

The Standard for Competence to Stand Trial in Pennsylvania

The problem for prosecuting Dunmyer will be the question of competence to stand trial. Over the years, the courts developed a standard for determining if a person was competent to stand trial.

Pennsylvania courts said the test to be applied in determining the legal sufficiency of mental capacity to stand trial is not the insanity standard of knowing 'right or wrong', but rather the ability to comprehend one's position as one accused of murder and to cooperate with counsel in making a rational defense.

This standard was eventually codified by the legislature in a statute, "Incompetence to proceed on criminal charges and lack of criminal responsibility as defense."

The statute provides the definition of incompetency:
- Whenever a person who has been charged with a crime is found to be substantially unable to understand the nature or object of the proceedings against him or to participate and assist in his defense, he shall be deemed incompetent to be tried, convicted or sentenced so long as such incapacity continues.

It appears Dunmyer may have little ability to understand the charges against him and less ability to help defense counsel. Should the Commonwealth attempt to prosecute, the court, the prosecuting attorney or Dunmyer's counsel could request an examination to determine his competency to stand trial. If he is found incompetent, he could be subject to an order directing involuntary treatment.

This process can be increasingly complex, involving matters of criminal law and potential deprivations of personal liberty. If you have any questions related to these issues, you should contact an experienced criminal defense attorney.

Article provided by Gover, Perry & Shore
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