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Order — United States v. Lashandell Thomas (Southern District of Mississippi, Document 31)

Summary

Order in the Southern District of Mississippi, Northern Division, in the case against Lashandell Thomas, who is charged with one count of arson on the Choctaw Indian Reservation. It states that after a Competency Hearing on February 17, 2023, the Court considered reports and the testimony of Emily Dixon and found that Thomas was not competent to stand trial. The Court orders the defendant committed to the custody of the Attorney General for placement in a suitable facility for a reasonable period of time, not to exceed 120 days, to determine whether there is substantial probability that in the foreseeable future the defendant will attain the capacity to permit the proceedings to go forward. It directs the examiner to file a report with the Court.

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Cite this document

“Order — United States v. Lashandell Thomas (Southern District of Mississippi, Document 31).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-22-cr-00007-dkt-31-s-d-miss-03b2eddef4/, SHA-256 2da5138cb6ef14cebfdf48e7433241a7552610de43b23299c0ffd19dd32c7437.

Full text

      Case 3:22-cr-00007-CWR-LGI Document 31 Filed 03/31/23 Page 1 of 4




                  IN THE UNITED STATES DISTRICT COURT
                FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
                          NORTHERN DIVISION


UNITED STATES OF AMERICA,

                          Plaintiff,

v.                                                CAUSE NO. 3:22-CR-7-CWR-LGI-1

LASHANDELL THOMAS,

                          Defendant.



                                       ORDER

      On February 17, 2023, the Court held a Competency Hearing in this matter.

Defendant Lashandell Thomas was charged with one count of arson on the Choctaw

Indian Reservation. Docket No. 3. Thomas was sent to the Federal Medical Center

(“FMC”) by this Court with questions as to her competency to stand trial and her mental

state at the time of the offense. Docket No. 28. Reports were generated upon the

evaluation and submitted to the Court, counsel for the government, and counsel for the

defendant. Docket Nos. 29 and 30.

      At the hearing, the Court considered the reports and the testimony of Dr. Emily

Dixon. The parties were permitted to question Dr. Dixon and the Court heard arguments

from counsel. After considering the evidence, testimony, and arguments, the Court found

that Thomas was not competent to stand trial. Her mental illness has impaired her

rational understanding of the legal proceedings before her as well as her ability to
      Case 3:22-cr-00007-CWR-LGI Document 31 Filed 03/31/23 Page 2 of 4




communicate with her counsel with a reasonable degree of rational and factual

understanding. Because Thomas’s competency to stand trial has not been affirmed, her

mental state at the time of the offense is currently difficult to ascertain.

       It is, therefore, ORDERED that pursuant to 18 U.S.C. § 4241(d), the defendant be

transported by the United States Marshal and committed to the custody of the Attorney

General for placement in a suitable facility designated to treat her present incompetency

and evaluate her mental statement for a reasonable period of time, not to exceed 120 days,

as is necessary to determine whether there is substantial probability that in the

foreseeable future, the defendant will attain the capacity to permit the proceedings to go

forward; and for an addition reasonable period until the defendant’s mental condition is

so improved that a trial may proceed.

       It is further ORDERED that the purpose of the treatment and evaluation shall be

for conducting the appropriate psychiatric or psychological treatment of the defendant

in accordance with this order by a licensed or certified psychiatrist and/or psychologist.

       It is further ORDERED that pursuant to Rule 12.2(c)(l)(A), the defendant is to

submit to such treatment and examination as ordered above.

       It is further ORDERED that the examiner designated to conduct such treatment

and examination shall, pursuant to 18 U.S.C. §§ 4241, 4242, and 4247, file with the Court

as soon as possible after the completion of such examination (not to exceed 30 days), a

report of the results of the treatment and examination with copies provided to the Court,

counsel for the defendant, and counsel for the government. Said report shall include the

defendant’s history and present symptoms; a description of the psychiatric,

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      Case 3:22-cr-00007-CWR-LGI Document 31 Filed 03/31/23 Page 3 of 4




psychological, and medical tests that were employed and their results; the examiner’s

findings; the examiner’s opinions as to diagnosis and prognosis; the examiner’s opinions

as to whether the defendant is suffering from a mental disease or defect rendering her

mentally incompetent to the extent that she is unable to understand the nature and

consequences of the proceedings against her or to properly assist in her defense; and the

examiner’s opinions as to whether there is a substantial probability that in the foreseeable

future the defendant will attain the capacity (if not presently obtained) to permit the

proceedings to go forward.

       It is further ORDERED that the examiner shall report to the government and the

defendant’s lawyers during this time on the progress of the evaluation and attempt to

restore the defendant’s competency.

       It is further ORDERED that the Attorney General shall report to the Court during

this time on the progress of the evaluation.

       It is further ORDERED that the Attorney General shall promptly file a certificate,

as required by 18 U.S.C. § 4241(e), when the director of the facility in which the defendant

is hospitalized determines that the defendant has recovered to such an extent that she is

able to understand the nature and consequences of the proceedings against her and to

assist properly in her defense.

       It is further ORDERED that the defendant shall be returned to the custody of the

United States Marshal at the completion of the evaluation ordered herein. The defendant

shall thereafter remain in the custody of the Marshal pending further orders of this Court.



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     Case 3:22-cr-00007-CWR-LGI Document 31 Filed 03/31/23 Page 4 of 4




      A copy of this Order shall be given to the United States Marshal and the Marshal

shall make arrangements as are necessary for the examination and treatment of the

defendant.

      SO ORDERED, this the 31st day of March, 2023.

                                       s/ Carlton W. Reeves
                                       UNITED STATES DISTRICT JUDGE




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