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Posted on Fri, Jul 13, 2012 : 1:46 p.m.

Competency exam ordered for teen accused of shooting man in the back of the head

By John Counts

Two teens accused in a drug-related shooting at a Pittsfield Township apartment complex earlier this year appeared in the Washtenaw County Trial Court Thursday.

Charles Johnson, 16, was ordered to undergo a competency examination to see if he was criminally responsible when he allegedly shot a man in the head in January.

lexington.jpg

This Pittsfield Township apartment complex was the site of a shooting in January.

Melanie Maxwell | AnnArbor.com

The motion for the exam was made by Johnson’s attorney, Robert Killewald, and approved by Judge David Swartz.

The defense claimed Johnson might not be competent to stand trial.

“He’s had psychiatric problems since he was 4 years old,” Killewald said. “The more time I spend with my client, the more I realize he doesn’t understand the gravity of the situation. My client has trouble controlling himself.”

What Killewald told the court echoes what Johnson’s father told AnnArbor.com at the time of arraignment in January. Johnson’s father said his son, who attended Huron High School, has struggled with bi-polar disorder and attention deficit hyperactivity disorder and has had numerous run-ins with the law before the shooting.

Assistant Washtenaw County Prosecutor Sam Holtz wanted to make sure the examination would address not just whether Johnson is competent to stand trial, but whether he was criminally responsible at the time of the shooting. Swartz said the exam will deal with both issues.

The court set a hearing for Sept. 13 to review the results of the examination.

The exam motion was granted after Swartz denied the defense’s motion that argued the case should not have been bound over to the circuit court from district court to begin with because there was insufficient evidence.

“There has to be evidence to bind people over,” Killewald said. “The only evidence the prosecution offered were two snitches.”

The judge stood by the district court’s decision that there was probable cause. Swartz also denied a motion to dismiss one of the charges against Johnson’s co-defendant, 20-year-old Steven Hall of Ypsilanti, who also appeared in court for a pretrial hearing Thursday.

Hall is charged with armed robbery, assault with intent to rob and felony firearm. The motion attempted to dismiss the assault with intent to rob charge.

“Mr. Johnson went out into the hallway to take matters into his own hands,” said Hall’s attorney, Roland Sizemore, arguing that Johnson was the main culprit in the alleged robbery, not his client.

Swartz said there was probable cause found for the charge in the district court and denied the motion.

Johnson has been charged with armed robbery, assault with intent to murder, assault with intent to rob and felony firearms.

Johnson and Hall were given a final pretrial hearing dates of Oct. 11. and a jury trial date of Oct. 22. Farai Munetsi, the third defendant charged in the incident, is scheduled to be sentenced at 1:30 p.m. Thursday in Swartz's courtroom. Munetsi, 17, was charged with armed robbery and is currently lodged in the Washtenaw County Jail.

The three were arrested after a 33-year-old Ypsilanti man was shot once outside a door to a building in the northeast area of Lexington Club at Ann Arbor apartments on Jan. 19. Police believe the shooting was drug-related.

Hall remains lodged in the Washtenaw County Jail. Johnson is currently being held at a juvenile detention center in Macomb County.

Comments

G-Man

Sun, Jul 15, 2012 : 3:37 p.m.

Per the Headline, if he shot him in any other part, then it would be ok?

Jimmy McNulty

Sat, Jul 14, 2012 : 11:56 p.m.

And, sometimes a bad apple is just that: a bad apple.

squidlover

Sat, Jul 14, 2012 : 2:07 a.m.

I swear, the criminal justice system becomes more absurd every day. So Johnson figured out how to carry a gun, allegedly became involved in an armed robbery and still had the coherence to shoot a man in the head. Pretty tough to credibly argue that he's not criminally responsible. Also, I don't care if he fully realizes the "gravity of the situation." If he's guilty of these actions, put him away. Also, shame on his attorney, Robert Killewald, for saying that the prosecution didn't offer evidence with the exception of "two snitches." If something were to happen to Killewald's family (which I hope doesn't), would he understand people not coming forward with information because they didn't want to be snitches? The legal/justice system is the system in this country that really needs to be fixed.

jns131

Sat, Jul 14, 2012 : 3:16 p.m.

What is even more frustrating is the fact that when one snitches? They have to testify or else the whole thing gets thrown out. I too hope nothing happens to any of the families just for telling the truth. Which in todays society? Isn't worth much.

jns131

Fri, Jul 13, 2012 : 7:57 p.m.

Here is my question though. With the new ruling about children and age 18, will he if he can, be tried as an adult? Or as a juvenile? Or if he cannot stand trial end up in a mental institution? And at what age can he be released at if he is determined unable to stand trial. I guess the new law didn't go into that one did it?

John Counts

Fri, Jul 13, 2012 : 6:59 p.m.

Hi mrshicks2000. I left a message with the Pittsfield Township police this morning asking them if they knew anything about the victim's current condition. If and when they get back to me, I will update the story. Thanks for reading.

mrshicks2000

Fri, Jul 13, 2012 : 6:44 p.m.

Any word on the current condition of the victim?

KeepingItReal

Fri, Jul 13, 2012 : 5:59 p.m.

If what the father and attorney says is true, this is a good example of someone obviously in need of mental health services at a very young age but did not get it as far as the article indicated.

KeepingItReal

Sat, Jul 14, 2012 : 3:09 p.m.

Fan: He may have been diagnose but that does not mean he received the necessary treatment or services he needed. There are many mitigating factors including a disparity in the mental health system approach to providing effective service to African Americans. Our jails and prisons are full of people who, if perhaps mental health services had been provided earlier, they may not have been incarcerated. Unfortunately, our jails and prisons have been the source of containment for these individuals.

jns131

Fri, Jul 13, 2012 : 7:55 p.m.

From what I am reading here it sounds like the system failed him in all directions. If nothing else, a competency hearing will determine if spends the rest of his life in an institution getting the help he should have had 10 years prior. Wow. What a system failure.

SEC Fan

Fri, Jul 13, 2012 : 6:25 p.m.

If he was diagnosed with these conditions as the father states, wouldn't that indicate he did receive treatment?