Man who shot, killed 2 Charlotte cops argues for new trial | Crime

CHARLOTTE, N.C. (WBTV) - Lawyers for a man convicted of killing two Charlotte police officers are seeking a new trial, saying their client was mentally ill and incapable of assisting in his defense.

The lawyers for 30-year-old Demeatrius Montgomery made their case Wednesday before the state Court of Appeals in Raleigh, the hearing took less than an hour.

Montgomery's appeal, which is 217 pages long, was filed in September 2011, nearly one year after he was convicted for shooting and killing two Charlotte-Mecklenburg Police officers.

In September 2010, Montgomery was found guilty of two counts of first-degree murder in the slaying of Officers Sean Clark and Jeff Shelton at the Timber Ridge Apartments in east Charlotte in 2007. The officers were responding to a domestic dispute at an apartment complex. Montgomery shot both men in the head. 

He is currently serving two consecutive life sentences without parole.

Appellate court attorney Andrew DiSimone said Montgomery did not get a fair trial because he was mentally incompetent at the time his case went to court.

Several of the 16 reasons for appeal deal with Montgomery's mental competency. His attorneys say mental illness rendered Montgomery legally incompetent to stand trial in 2010.

Attorney Jonathan Babb argued his case for the State, saying Judge Forrest Bridges made the proper inquiries as to Montgomery's competence at the time of the trial.

Throughout the trial, Montgomery refused to assist or even talk with his attorneys. He also tried to fire them several times.

During most of the trial, Montgomery sat silently at the table and Judge Forrest "Don" Bridges told the jury that Montgomery's silence should not influence their decision.

Montgomery's trial started as a death penalty case, but the judge threw the death penalty out after evidence issues surfaced with an investigating detective.

Judge Bridges denied a motion for a second competency hearing in August 2010, after Montgomery's lawyer asked the court to declare him incompetent.  Judge Bridges said the competency hearing from the previous August was sufficient and that ruling – that Montgomery was competent enough to stand trial – would stand.

In that ruling, Superior Court Judge Albert Diaz released a court order which concluded: "The Court finds that Defendant has not met his burden to show that he is incompetent to stand trial." 

It went on to read, "The Court denies Defendant's request for an order declaring that Defendant is incompetent to proceed to trial."

The order states that Montgomery completed the 11th grade and was only one math credit short of receiving his GED.  Montgomery's mother died around 2003 and court documents show that he "...would on occasion talk to himself, play with toys, watch cartoon television programs, go for long walks alone at night, and dress in layers during the summer." 

The court order states that Montgomery was never treated for mental illness following his mother's death.  

Dr. Nicole Wolfe, a forensic psychiatrist at Dorothea Dix, was one of four experts who evaluated Montgomery.  She met with him 25 times which is more than any other expert who evaluated Montgomery.  She told the court that Montgomery was competent to stand trial.  In most of the sessions with Wolfe, Montgomery was withdrawn and would not talk.  

Wolfe's opinion was that Montgomery's "mutism was selective and voluntary because it was triggered almost exclusively whenever [she] attempted to steer the conversation toward a discussion of the pending legal proceedings." 

Wolfe concluded that Montgomery was not suffering from hallucinations or delusions and that his behavior while at Dorothea Dix in Raleigh was not consistent with paranoid schizophrenia.

Montgomery was also evaluated by forensic psychiatrists Dr. George Corvin, Dr. James Hilkey and Dr. Seymour Halleck, who concluded that Montgomery did suffer from psychotic illness, most likely paranoid schizophrenia.

Despite their testimony, the court ruled that Montgomery "...is not suffering from a mental illness and that he can assist in his defense, if he so chooses."

Based on testimony from the forensic psychiatrists and Montgomery's actions and behaviors, Judge Diaz said the court was not convinced that Montgomery was incompetent to stand trial.

DiSimone said Montgomery should have been given another evaluation at the time of his trial.

A panel of three judges questioned whether that was the State's responsibility to pursue. Montgomery did not attend the hearing.

The families of Officers Clark and Shelton filled up three rows in the courtroom.

When the hearing was over, they expressed their feelings that it went well.

There is no deadline for a decision, although most cases are decided within 90 days of the hearing.

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