A man accused of murdering a Wichita Falls teen and shooting another has been declared incompetent to stand trial and ordered to a maximum security unit for further examination and treatment.
An order was issued by 30th District Judge Robert Brotherton on Jan. 31 to have Kody Austin Lott, 22, undergo a competency examination within 30 days.
Lott is currently facing one count each of murder and aggravated assault after he reportedly killed Lauren Landavazo and shot Makayla Smith as they walked home from McNiel Middle School on Sept. 2, 2016.
He has remained in the Wichita County Jail since Sept. 4, 2016, in lieu of over $1 million total bail. If found guilty, Lott is facing up to life in prison.
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The mental health expert found Lott was "presently incompetent to stand trial," in her report, which was filed with the court on March 8, according to a judgment filed late Friday afternoon.
Wichita County District Attorney Maureen Shelton, who is prosecuting the case, and James Rasmussen, chief public defender and Lott's attorney, had requested that the court determine the issue of Lott's current competency based on the expert's report.
According to the motion prepared by Rasmussen, "the attorney for the defendant has been unable to communicate effectively with the defendant."
The motion went on to state that Lott appears to lack "a rational or factual understanding of the nature of the proceedings against him."
It was determined, after considering all of the evidence, that Lott was incompetent to stand trial because of "mental illness," the judgment states.
According to the order for the competency exam, "a person is incompetent to stand trial if he does not have sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding; or a rational as well factual understanding of the proceedings against him."
In the judgment of incompetency, the court ordered that Lott be committed "to a maximum security unit of any facility designated by the Department of State Health Services or North Texas State Hospital (Vernon Campus)."
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He is to be transferred by Wichita County Sheriff's deputies to the facility "for a period not to exceed 120 days for further examination and treatment toward the specific objective of attaining competency to stand trial."
In addition to the murder and aggravated assault charge for which he is preparing to go to trial, Lott is charged with three counts of possession of child pornography and possession of a prohibited weapon.
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The images were found on one of Lott's cell phones that was seized as part of the murder investigation.
Lott is tentatively set to go to trial on Sept. 10 in Tarrant County but Brotherton told the Times Record News on Jan. 16 that the details were not in writing yet.
More: Lott trial date, location tentatively set
Lott was arrested in a shopping center in the 4600 block of Southwest Parkway after Wichita Falls police received a Crime Stoppers tip.
According to an arrest warrant affidavit, Lott admitted he shot the girls in an interview at the Wichita Falls Police Department. He said he had seen them walking home and was attracted to Lauren, even though he knew she had a boyfriend, which made him angry.
The affidavit states Lott was upset during the police interview because media had called the shooting “senseless.” He said it was not senseless because he had thought it out and planned it because he had talked to the devil about it.
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