Order Appointing Dr. Ryan Darby — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

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Case 6:22-cr-00201-AGM-LHP    Document 226     Filed 10/08/24   Page 1 of 3 PageID 1312




                         UNITED STATES DISTRICT COURT
                             MIDDLE DISTRICT OF FLORIDA
                                  ORLANDO DIVISION

      UNITED STATES OF AMERICA

      VS.                                           CASE NO: 6:22-cr-201-WWB-LHP

      EVAN EDWARDS



                                           ORDER

            Pursuant to prior notice (Doc. Nos. 220-221), a status conference was held

      today with the parties regarding Defendant Evan Edwards’ competency.            As

      discussed at the status conference, the Bureau of Prisons has issued a forensic

      evaluation finding Evan Edwards incompetent to proceed, and that his competency

      is unlikely to be restored in the foreseeable future. See 18 U.S.C. § 4241(d). The

      United States raised objections to the forensic evaluation and made an oral request

      to appoint an additional expert, and to provide that expert with 30 days to review

      Evan Edwards’ available records and reports and render an opinion as to his

      competency and/or restoration. Counsel for Evan Edwards objected.

            For the reasons discussed at the status conference, the United States’ oral

      motion is GRANTED IN PART AND DENIED IN PART. Dr. Ryan Darby, M.D.,

      a forensic neurologist, is hereby appointed to review any and all available records

      and reports for Evan Edwards and to prepare and submit a report as to Evan
Case 6:22-cr-00201-AGM-LHP      Document 226     Filed 10/08/24   Page 2 of 3 PageID 1313




      Edwards’ competency and potential for restoration in the foreseeable future. See

      18 U.S.C. §§ 4241(d), 4247(c). Dr. Darby shall submit his report to the Court (via

      Chambers email) and to Evan Edwards’ counsel on or before October 29, 2024.

      This deadline will not be extended absent truly exigent circumstances. In all

      other respects, the United States’ request is denied.

            An in-person status conference with counsel is scheduled for 9:30 a.m. on

      Friday, November 1, 2024.       At that status conference, the parties should be

      prepared to address: (1) Dr. Darby’s report and whether the United States continues

      to object to the Bureau of Prison’s September 23, 2024 forensic evaluation; (2) further

      proceedings in this case, including, but not limited to, whether a contested

      restoration competency hearing will be held or whether proceedings under 18

      U.S.C. § 4246 should go forward; and (3) any other issues related to the litigation of

      this case as to Evan Edwards.

            For the time being, absent motion and/or objection from Evan Edwards’

      counsel, and given that the Court previously revoked Evan Edwards’ pretrial

      release (Doc. No. 190), the Court ORDERS that Evan Edwards remain in the

      custody of the Attorney General and remain at the Federal Medical Center, Devins.




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Case 6:22-cr-00201-AGM-LHP   Document 226    Filed 10/08/24   Page 3 of 3 PageID 1314




           DONE and ORDERED in Orlando, Florida on October 8, 2024.




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