FRESNO (KMJ) — The question of whether or not the alleged Downtown Fresno shooter is mentally able to face a criminal trial will now be decided by a jury.
Two court appointed doctors have both established Kori Ali Muhammad is mentally unable to answer to the charges, but Fresno County District Attorney’s Office disagrees with that assessment. The second report was officially presented to the court on August 22nd (click here to read more). The DA’s decision was given to the court Tuesday morning.
“Our position is that we believe Mr. Muhammad is incompetent to stand trial. The people don’t agree with that, and so the issue will be put before a jury to make that decision,” explains defense attorney Richard Beshwate.
He says the trial will be like any other jury trial in Fresno County, with a jury selected in the usual way.
“If he’s found incompetent he would likely be transferred to Atascadero State Hospital for a period of time until they restore his competency.
“They’ll administer medication if necessary and help get him to a position where he can be effective as a defendant in a case.
“If he’s found competent then we’ll move forward with the criminal proceedings.”
The next hearing has been scheduled for October 13th, to provide enough time to select the witnesses for the competency trial.
“There’s two prongs of competency that have to be considered,” continues Beshwaite.
“One is that you understand the nature of proceedings. The other is if you can essentially assist in your own defense – effectively.
“The second prong seems to be the significant issue. His mental illness is significant, he’s had it for most of his life…those issues will all be presented to a jury.”
The charges faced by Kori Ali Muhammad include four counts of murder, four counts of attempted murder, and two other felonies.
If found guilty he could face the death penalty.
Hear the report from KMJ’s Dominic McAndrew as it aired:
