Police Lives Matter sign with the “Thin Blue Line” emblem on display during the vigil. (Photo: Breitbart Texas/Bob Price)
The judge in the Miles capital murder case, Harris County Judge Susan Brown of the 185th District Court, signed an order on January 5, 2016, granting a motion for psychiatric examination.
The order provided that the Harris County Forensic Psychiatric Services would conduct a psychiatric examination of Miles to determine his competency. It was ordered that the examination report be filed with the court on or before February 9.
Shannon Miles will not stand trial unless he is found legally competent to do so. He received a delay from standing trial in February when it was determined that he would be sent to a state hospital for 120 days. There have been delays in him getting to the state hospital because a bed was not available. He was sent there with the intent for him to receive treatment and to restore his competency.
The criminal trial was postponed again in late September when Miles’ lawyers received another two month delay for further competency evaluation, as reported by Breitbart Texas.
Judge Susan Brown reset the accused cop-killer’s case again on Wednesday.
“We don’t believe he’s competent,” Houston lawyer Anthony Osso was reported by the Houston Chronicle to say.
When Miles received the delay in February, the Harris County Sheriff’s Office issued a statement saying, “The Harris County Sheriff’s Office learned today that State District Judge Susan Brown committed Shannon Miles to a Vernon state mental hospital for 120 days.This individual was responsible for the killing of Harris County Deputy Darren Goforth.”
“We are disappointed by the news, but remain hopeful that the State will restore Shannon Miles’ competency promptly so justice can be sought. It is a tragic reminder that we lost Deputy Goforth to an individual whose only apparent motive was that Darren wore the uniform of a law enforcement officer.”
Defense lawyers have asserted that Miles has a history of mental illness and has been previously found incompetent to stand trial in an unrelated criminal proceeding. Breitbart Texas reported in late August that Miles had been found incompetent to stand trial in a 2012 assault case in Austin, Texas. The charges were later dropped.
Miles’ defense lawyers have also pointed to a competency report of defense counsel’s psychiatric expert dated December 20, 2015 detailing the findings of an extensive evaluation. They said that Miles has been diagnosed as suffering with schizophrenia and “the report concludes with a reasonable degree of medical probability that the defendant is presently incompetent to stand trial.”
Lana Shadwick is a contributing writer and legal analyst for Breitbart Texas. She has served as a prosecutor and associate judge in Texas. Follow her on Twitter @LanaShadwick2.