Michael Davis Declared Incompetent To Stand Trial

A few weeks after being charged with assault with intent to kill, and more recently with murder, Michael Davis, the brother of 49ers TE Vernon Davis and Dolphins CB Vontae Davis, has been declared incompetent to stand trial. Davis was charged with first degree murder in the death of 66-year old Gary Dederichs. He was also charge with two assaults with intent to kill.

Davis was declared incompetent to stand trial last Friday and will be treated at a psychiatric hospital to attempt to restore his competency. This is different from an insanity defense. Under an insanity defense in Washington, DC, the defendant would argue he/she has a substantial incapacity to appreciate the criminality of their conduct or to conform their conduct to the law. Washington, DC uses the American Law Institute's Model Penal Code Test. Under this test "a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law."

In declaring Davis incompetent to stand trial, the court has decided he lacks the substantial mental capacity to understand the proceedings or assist in his own defense. It has nothing to do with his guilt or innocence. If he can have his competency restored, he would subsequently stand trial.

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