The Seminole Heights Murder Case: What Happens Next as Doctors Evaluate Accused Killer’s Competency
By: Felix Vega, 970 WFLA Legal Analyst
Seven months after the 51-day manhunt for a suspected killer who gunned down four people in Seminole Heights, ended with the arrest of Howell Donaldson, III, his lawyers, prosecutors and a Hillsborough County judge need to know if he is competent to stand trial.
That is the question a team of doctors will now tackle after a competency hearing was called off this week and two new doctors were appointed by Judge Mark Wolfe at the request of Donaldson’s legal team, lead by Hillsborough County Public Defender Julianne Holt.
One evaluation was already completed by Dr. Richard Carpenter when the second request was made on Wednesday to have the other doctors appointed. Under Florida law, a judge can only make a ruling on a defendant’s competency after two doctors have examined the defendant and then hearing testimony from them, unless the defense and prosecutors agree that a defendant is competent or incompetent. A third doctor is often appointed as a “tie-breaker,” especially when there is a split between whether the defendant is competent or incompetent.
The recently appointed doctors are expected to have their reports completed by July 26th. At that point prosecutors and Donaldson’s attorneys will decide if they will have a competency hearing where the judge will hear testimony from the doctors, and the first, of what could be many decisions on his competency will be made.
If Donaldson is found competent, then the case will continue as any other would.
If he is found incompetent, he will likely be sent to the Florida State Hospital for a six month “competency restoration” commitment, where doctors and mental health experts will use a variety of methods to see if his condition can be improved and where he will once again be competent to stand trial. The Hospital will report to the judge after that first six-month commitment as to whether Donaldson can return to Hillsborough County, where he would be re-evaluated by the original doctors. The judge will then make a ruling on his competency and decide how the case will proceed.
Even if found incompetent, Donaldson’s attorneys are free to continue working on the case, reviewing evidence and documents, taking depositions and continuing their own investigation, as long as his direct input is not required.
What Triggers a Request for a Competency Evaluation?
Several factors go into the decision for a defense attorney to ask a judge to have their client evaluated. Most importantly, does the attorney have the ability to effectively discuss their case with their client, meaning can they tell them basic facts about their case, understand the charges they are facing, understand key decisions the attorney has to make about the case, possible defenses only the defendant may know about – basically assist in their own defense. They will also observe if the defendant is showing any signs of mental illness, inappropriate or odd behavior or a complete change in behavior that may raise concerns about their competency.
In their evaluations, the appointed doctors will look for symptoms of a mental disorder they can actually diagnose or rule out as cause for incompetency. Some of the standard questions that must be covered by law include, in this case, Donaldson’s understanding of the four murder charges he is facing, the fact that he is facing the death penalty, his understanding of his attorneys’ roles in defending him, what the role of the prosecutor is and also the function of the judge. One key thing that doctors will also be looking for is whether Donaldson, or any other defendant who is evaluated is “malingering” or feigning the symptoms of a mental illness. If so, the doctors will reflect this in their report and it will be a key factor in finding the defendant competent as opposed to incompetent.
Donaldson’s Mental Health Mystery
Donaldson’s mental health has been the center of much speculation since his arrest in November and the legal battle that erupted when his parents, Howell Donaldson, Jr. and Rosita Donaldson, refused to answer prosecutors’ questions when they were subpoenaed by the State Attorney’s Office as part of their initial investigation. Their decision not to cooperate with prosecutors, lead to civil contempt charges and ultimately, both being placed on house arrest for six months on February 16th.
In a transcript filed with prosecutors’ motion to hold the Donaldson’s in contempt, many of the questions they wanted answered focused on what the Donaldson’s knew about their son’s whereabouts during the time the murders were happening – which they refused to answer. The more compelling question that needed to be answered was “why” the murders were committed and whether Donaldson, who was indicted for the shooting deaths of Benjamin Mitchell, Monica Hoffa, Anthony Naiboa and Ronald Felton, was suffering from any mental illness or experienced and change in behavior in the months before the murders. No answer from them on those issues either.
When Hillsborough County State Attorney Andrew Warren announced on January 25th that his office would seek the death penalty against Donaldson for all four murders, he was asked if there had been any evidence of a mental illness that he had been made aware of, he said there was not. Among the aggravating factors prosecutors will look to prove at the sentencing phase, if they convict Donaldson, include whether the murders were considered cold, calculated and premeditated, or they were committed in what’s called a “heinous, atrocious and cruel” manner. A jury will need to convict Donaldson separately for each murder before they would then consider if he deserves the death penalty for each separate murder.
If Donaldson’s mental health status remains an issue by the time the victim’s families see this case go to trial, possibly years from now, that will also be something the jury will have to consider.