Order on Competency as to Emmet Bowens — United States v. Bowens (Dkt. 78, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00141-RBD-EJK · Doc. 78 · 2022-07-13 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
 
UNITED STATES OF AMERICA 
 
 
VS. 
CASE NO. 6:21-cr-141-RBD-EJK 
EMMET BOWENS 
 
/ 
ORDER 
This cause comes before the Court following Defendant Emmet Bowens’s 
competency hearing held on July 13, 2022. (Doc. 71.) For the reasons stated on the 
record and herein, the Court finds that Defendant is not competent to proceed to trial. 
He shall be committed to the custody of the Attorney General for hospitalization and 
treatment. 
On May 16, 2022, the undersigned held a hearing on Defendant’s Unopposed 
Motion for a Hearing and Out-Patient Examination to Determine Mental Competency 
(Doc. 47), during which the Court found reasonable cause to believe that Defendant 
“may presently be suffering from a mental disease or defect rendering him mentally 
incompetent to the extent that he is unable to understand the nature and consequences 
of the proceedings against him or to assist properly in his defense.” 18 U.S.C. § 4241(a). 
(See Docs. 48, 55.) As such, at Defendant’s request, the Court appointed Jeffrey A. 
Danziger, M.D. (“Dr. Danziger”), to examine Defendant and to render an opinion 
regarding his competency to proceed to trial. (Doc. 55.) Following the submission of 
Dr. Danziger’s report, both the United States and Defendant filed notices indicating 
Case 6:21-cr-00141-RBD-EJK   Document 78   Filed 07/13/22   Page 1 of 3 PageID 234

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they did not contest Dr. Danziger’s findings regarding Defendant’s mental competency. 
(Docs. 68 at 1; 70 at 4.) 
Having considered the report of Dr. Danziger and the notices filed by the United 
States and Defendant, and after conducting a competency hearing on July 13, 2022, the 
Court finds that the preponderance of the evidence supports a finding that Defendant 
“is presently suffering from a mental disease or defect rendering him mentally 
incompetent to the extent that he is unable to understand the nature and consequences 
of the proceedings against him or to assist properly in his defense.” 18 U.S.C. § 4241(d). 
The statute directs the Court to “commit . . . [D]efendant to the custody of the Attorney 
General,” who will “hospitalize . . . [D]efendant for treatment in a suitable facility . . . . 
to determine whether there is a substantial probability that in the foreseeable future he 
will attain the capacity to permit the proceedings to go forward,” and “for an additional 
period of time” until either his mental condition improves so trial may proceed, or the 
pending charges “are disposed of according to law.” Id. 
 Accordingly, it is hereby ORDERED as follows:  
1. The Court FINDS Defendant Emmet Bowens is currently not competent to 
proceed to trial. 
2. The Court COMMITS Defendant to the custody of the Attorney General, 
who is DIRECTED to hospitalize Defendant for treatment in a suitable 
facility for a reasonable period of time, not to exceed four months from the 
date Defendant arrives at the designated facility, to determine whether there 
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is a substantial probability that in the foreseeable future Defendant will attain 
the capacity to permit the proceedings to go forward. Specifically, the Court 
recommends Defendant be hospitalized at the Federal Medical Center in 
Butner, North Carolina (“FMC Butner”).  
3. Defendant is ORDERED to report to the designated facility on the date set 
forth by the Bureau of Prisons. Failure to report to the designated facility on 
the designated date may result in a warrant being issued for Defendant’s 
arrest. 
4. The United States is DIRECTED to file a report as to Defendant’s status prior 
to the expiration of the four-month treatment period. 
5. The United States is DIRECTED to file a motion for the release of Defendant 
from the Attorney General’s custody within five days of receipt of a § 4241(e) 
certificate.1 
DONE and ORDERED in Orlando, Florida on July 13, 2022. 
        
 
 
 
1 Section 4241(e) directs the director of the facility where Defendant will ultimately be 
housed to file a certificate with the Clerk of the Court upon a determination that 
Defendant “has recovered to such an extent that he is able to understand the nature and 
consequences of the proceedings against him and to assist properly in his defense.” 18 
U.S.C. § 4241(e). 
Case 6:21-cr-00141-RBD-EJK   Document 78   Filed 07/13/22   Page 3 of 3 PageID 236

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