The lawyer for the Detroit man charged in the murder of Wayne State University police officer Colin Rose and the nonfatal wounding of two Detroit Police officers said Thursday doctors continue to find him mentally incompetent to stand trial in both cases.
Attorney Gabi Silver told 36th District Court Judge Kenneth King that a report by doctors at the Forensic Center in Ypsilanti say the suspect, Raymond Durham, in his 60s, is still mentally incompetent to stand trial.
“Mr. Durham continues to be incompetent,” said Silver as Durham appeared via video during the hearing. “With continued treatment he can be restored to competency ...”
While Assistant Wayne County Prosecutor Robert Donaldson stipulated to Silver’s report, he asked the judge to allow the prosecution to have an independent doctor examine Durham.
“I don’t have to accept the opinion and I want another opinion,” Donaldson told King. “ (Durham) knows what he’s charged with. He’s communicating and getting along in the world. I want to have another expert look at him and opine.”
King said while it is “unusual” and “unorthodox,” he told Donaldson to file a motion and the request will be heard. King ordered a hearing for Dec. 8 to allow Donaldson to argue his motion. A Feb. 9 date was set for another review date on Durham’s competency exam.
Silver shot back that her client is indeed incompetent.
“I’m still not able to effectively communicate with the defendant,” said Silver Thursday. “ Let’s have a hearing.”
Durham is accused of shooting and killing Rose Nov. 22, 2016, on Lincoln Street near Grand River and Trumbull. Another man was arrested and charged but prosecutors later dropped the charges when it was discovered that he was at a nearby Coney Island at the time of the shooting of Rose.
Four months later, Durham was accused of shooting two Detroit police officers March 15 on Detroit’s southwest side in the area of Ash and Tillman. Police say Durham pulled a gun from his waistband and shot the officers around 8:15 p.m. Durham allegedly fled the scene after shooting the officers, “reloaded” his .38 caliber gun and “burrowed” nearby, waiting to attack the officers a second time.
Police allegedly stopped Durham because he was seen in the area acting “erratically.”
A few days later, Detroit Police Chief James Craig announced there was DNA linking Durham to the fatal shooting of Rose.
Durham’s relatives say he is mentally ill and homeless. Last May, he was ruled incompetent to stand trial in the shooting of the two Detroit police officers. Previously he had been found incompetent to stand trial for the shooting of Rose.
A couple of hours later, he was discovered by police near Vinewood and Michigan. He was taken to a local hospital for treatment for several gunshot wounds.