Suspect in powder case deemed incompetent

A Gordonsville man accused of putting suspicious powder on signs in Albemarle County criticizing his former employer has been found incompetent to stand trial.

After Wednesday’s competency hearing for Mark Ryland Dowdy, Circuit Judge Cheryl Higgins ordered Dowdy to undergo outpatient treatment to restore his competency.

Dr. Michael Dowen, a clinical psychologist who evaluated Dowdy, testified that he believes Dowdy suffers from paranoid personality disorder. Dowen said in court that Dowdy showed signs of paranoid thinking.

Dowdy, 37, is representing himself on five counts of possession of a hoax device for putting signs calling for a boycott of Klockner Pentaplast at the corner of Klockner and Gordonsville roads in extreme northeast Albemarle County last year. Higgins halted Dowdy’s June 30 trial after reading the text of his opening statement.

During Wednesday’s hearing, Dowdy accused Higgins of ignoring his motion for a new judge because she is married to Charlottesville police Sgt. Randy Higgins.

“I presume you already know who your husband is,” Dowdy said.

Dowdy said the status of the judge’s husband made it a conflict of interest for the judge to hear any criminal case. Dowdy said he has filed a complaint against Cheryl Higgins with the Virginia Judicial Inquiry and Review Commission.

Before announcing her ruling, the Higgins said in court that her husband has never worked for Albemarle County. Jon R. Zug, assistant commonwealth’s attorney, said in court that city police are not involved with this case.

Dowdy also accused Zug of lying about when the competency evaluation order was composed and whether he submitted a transportation order to have Dowdy taken to see a psychologist. After the June 30 trial, Dowdy’s bond was revoked and he remained in jail for about two months while he waited for the evaluation. He currently is out on bond.

Dowen testified that it’s difficult to treat paranoid personality disorder with medication or therapy because the paranoia is part of a sufferer’s personality. Dowen said it’s possible for a person living with paranoid personality disorder to appear normal until they are challenged or under duress.

The psychologist said Dowdy understands the facts of the case and could assist his standby counsel, Richard Harry, but Dowdy’s “suspiciousness and tendency to see conspiracies everywhere” likely will impede his case.

Judge Higgins ruled that while she wanted Dowdy to be competent to stand trial, she couldn’t find that he has a rational understanding of the court process. Dowdy’s treating psychologist is supposed to send regular reports on the reinstatement of Dowdy’s competency.

Dowdy is scheduled Nov. 24 to return to Albemarle Circuit Court on a motion to get an audio recording of his trial.