Charges to be dropped against suspected murderer
The WorldApr 23, 2022
Apr. 22—A man police believe murdered his own grandmother last year may never face criminal charges after he was determined to be mentally ill and unable to assist in his own defense.
District Attorney
Under state law, in that case the district attorney's office is required to drop the charges.
However, Yates will not be free man yet.
Frasier said after it was determined Yates would never be able to assist in his own defense, he filed a petition with the court asking that Yates be declared an "extremely dangerous person with a mental illness." The court agreed with Frasier and ordered Yates to be hospitalized at the state hospital for two years.
Frasier said the commitment is renewable and can be extended every two years as long as the courts continue to view Yates as extremely dangerous.
Police allege Yates murdered his own grandmother in
Yates was at the home when police arrived and was arrested at the scene on a charge of second-degree murder. Frasier said police learned quickly that Yates had suffered from mental illness for many years.
Under state law, a person can only go to trial if they are mentally competent to assist in their own defense. It became apparent quickly that Yates was not competent, and state law requires that prosecution be suspended while suspects receive mental health care to determine if they can get to the point where they can assist in their defense.
Yates was sent to the state hospital in 2021 , but state law sets limits on how long a person can be committed while working to regain competence. For second-degree murder, that limit is three years. If it is determined a person can not regain the mental capacity to assist in their defense, charges must be dropped regardless of how long they are committed.
When both the doctors at the state hospital and the private expert hired by the DA's office agreed that Yates would never be able to assist in his defense, Frasier said he had no choice but to drop the murder charge without prejudice.
In dropping the charge without prejudice, the DA's office retains the ability to refile charges any time in the future if Yates is determined to be mentally stable enough to assist in his own defense.
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