A Charlottesville man arrested in connection with a city homicide earlier this year and who is facing other charges in Albemarle County will have his mental health evaluated.
During a hearing Tuesday, Albemarle Circuit Court Judge Cheryl Higgins ordered 19-year-old Demonte Marquis Burgess to be evaluated by Dr. Jeffrey C. Fracher, a local clinical and forensic psychologist.
Lloyd Snook, Burgess’ attorney, said in court Tuesday that his client has had trouble relating to him during their meetings. Snook said in court that his client, who was released from the custody of the Department of Juvenile Justice a year ago, had a note on his juvenile file that said he was diagnosed as having bipolar disorder and needed to be on medication or else he’d exhibit behavioral problems.
Denise Lunsford, commonwealth’s attorney for the county, didn’t object to Fracher evaluating Burgess.
Burgess was charged with second-degree murder, robbery, aggravated malicious wounding and firearms charges in connection with a fatal shooting Jan. 22 at the Mountain View Trailer Court in the city. Both Burgess and a co-defendant are accused of being part of the incident, which left 32-year-old Miguel Lugio Salazar dead and 25-year-old Rafael Valina Ayala wounded.
In the county, Burgess is facing charges of attempted malicious wounding and three firearms charges in connection with incidents on May 9.
This is not the first time that there has been a request for Burgess to undergo an evaluation. According to court records, a Charlottesville General District Court judge signed an order asking Burgess to be committed to the care of the Commissioner of Behavioral Health and Developmental Services. The judge also ordered the Albemarle-Charlottesville Regional Jail to transport Burgess to Central State Hospital in Petersburg for a competency evaluation.
Burgess hadn’t been transported to Central State as of Wednesday, according to jail superintendent Col. Ronald Matthews. Matthews said sheriffs’ offices typically transport city and county inmates for mental health evaluations, although sometimes the jail makes the transfer.
A Central State representative didn’t immediately respond to a request for comment.
Snook raised concerns that Central State doesn’t consider Burgess a high priority because the jail regards him as a behavioral problem. Matthews, who declined to comment on Burgess’ health, said he doesn’t know if Central State assigns priorities to inmates, but that if they do, the jail is uninvolved in that process.
“I’m quite sure they just don’t have beds sitting around waiting,” Matthews said of Central State. “They probably take into consideration the court date and how incompetent or competent the person is.”
Burgess is scheduled for a preliminary hearing in his city case on Oct. 14 and for an Oct. 26 trial in his county case, according to court records.
Email
Facebook
Google
Twitter
Favorites
More
Results Loading...