A North Little Rock man accused of killing a teenage girl in a drive-by shooting is not fit to stand trial, a Pulaski County Circuit judge ruled on Thursday, siding with a defense expert who found 20-year-old TahMarcus Deshon Stewart is incompetent.
The defense psychologist found that Stewart is likely brain damaged, possibly since birth, with severe memory difficulties that equate to mental illness. Judge Cathi Compton ruled that Stewart's condition prevents him from meeting the legal standard for sanity that requires that he understands the judicial process, comprehend the legal strategies necessary to defend him and communicate meaningfully with his attorneys.
"The defendant displays a severely impaired ability to recall and articulate basic concepts, even after repeated attempts to educate him on such. Defendant cannot meaningfully assist in his own defense," her 11-page ruling states. "Defendant cannot have productive conversations with his attorneys or make reasoned decisions regarding legal strategies or options when he cannot differentiate or describe the different plea options available to him -- specifically those involving his mental health issues. Defendant does not have a correct understanding of the adversarial nature of the proceedings when he believes the judge is a member of the jury."
Compton heard testimony from the defense expert, Dr. Benjamin Silber, and a psychologist at the State Hospital, Dr. Lacey Willet, both of whom examined Stewart to gauge his sanity, with Willet opining that he was competent to stand trial. The doctors said that they tested Stewart to determine whether he could be faking mental problems with both testifying that they found no indication of deceit.
The judge described how reaching her conclusions was difficult, as the doctors agreed on "nearly everything about the defendant, except their opinions on his fitness to proceed."
Compton wrote that she ultimately sided with the defense authority because Silber "had more time to examine the defendant and was able to perform a more thorough examination of his mental state."
The decision on whether Stewart is fit for trial is up to the judge but Thursday's ruling does not have to be her final word. Typically, defendants who are deemed unfit for trial are committed to the State Hospital for further examination and possible treatment to determine whether they can be restored to sanity through treatment. Compton has scheduled a hearing for May 23 to decide what to do next.
The criminal proceedings have been put on hold since his attorneys called his sanity into question last June, 11 months after his arrest near Fort Worth. He's charged with capital murder and four counts of unlawful discharge of a firearm over a March 2021 shooting on Healy Street in North Little Rock that killed a 13-year-old girl, Arianna Stiggers, who was among a group of other children.