Judge halts opening statement, orders man mentally evaluated

A Gordonsville man’s hoax terrorist device trial ended during his opening statement Tuesday when the judge declared a mistrial and ordered him to undergo a psychiatric evaluation.

Albemarle County Circuit Court Judge Cheryl Higgins stopped Mark Ryland Dowdy – representing himself in the jury trial – a few minutes into his opening statement. Higgins explained to Dowdy that the opening statement is to outline the facts of the case, not to make an argument or draw conclusions.

“This is a prizefight; this is not a job interview,” Dowdy said in court.

Higgins corrected him that he was not engaged in a prizefight but was instead appearing in a courtroom. She then dismissed the jury and had copies of Dowdy’s prepared statement made.

After Higgins and Assistant Commonwealth’s Attorney Jon R. Zug read over their copies, the judge declared a mistrial in the felony case because of what she called Dowdy’s “paranoid delusions.”

Dowdy was taken into custody to undergo a psychiatric evaluation to determine if he is competent and, if incompetent, whether his competency can be restored. Zug was unsure to which state psychiatric facility Dowdy would be taken.

Dowdy, 37, was accused of putting a suspicious powder mixed with silicon lubricant on the back of signs calling for a boycott of his former employer, Klockner Pentaplast. He worked for the company until about five years ago.

Several of the signs were found near the Klockner facility in Louisa County in the weeks leading up to Sept. 15, 2008, when the powder-bearing signs began showing up.

Zug said in his opening statement that Klockner employees had been taking the signs down, which frustrated Dowdy.

The signs led Klockner’s attorney to send Dowdy a letter asking Dowdy to stay off Klockner property and cease contact with the management. Dowdy responded with profanity-laced voicemails to the attorney’s office and home, Zug said in court.

According to court records, Dowdy is scheduled to have a trial on a count of possession of a hoax device on July 10 in Louisa Circuit Court.