In a hearing Friday, the defense attorney for Cortez murder suspect Jeremiah Damron announced plans to challenge the findings of two mental health evaluations declaring Damron competent to proceed.
Damron was arrested July 20 after his mother’s body was found apparently beaten and burned to death in his backyard. In October, he was ruled mentally incompetent to participate in his own defense, but since then, two mental health evaluations through the Colorado Department of Human Services have declared him competent. Defense attorney John Moran said Friday he plans to challenge the latest evaluation, which was delivered to the court June 19, in a hearing scheduled for August.
A preliminary examination after Damron’s arrest showed he had severe mental health issues, which his defense has argued would prevent him from effectively participating in court proceedings. He was sent to the Colorado Mental Health Institute in Pueblo earlier this year for treatment, and an evaluation completed in March said he had improved enough to proceed. Moran requested a second evaluation, which was completed by Durango psychologist John Ragsdale in June. District Attorney and prosecutor Will Furse said it also showed Damron to be competent.
Furse said both mental health evaluations are sealed and cannot be released to the public.
District Judge Todd Plewe said that at the August hearing, it will be up to Furse and his office to prove Damron’s competency. Both sides of the case will be able to bring in witnesses, including Ragsdale and Susan Coykendall, who completed the first evaluation. Plewe said they will be allowed to appear via video conference call if necessary.
Competency hearings are typically required to be held within 35 days of a request or the delivery of an evaluation, but Damron and Moran agreed to waive that requirement in order to accommodate all the lawyers’ schedules. Plewe estimated the hearing would last about three hours.
Damron is facing a charge of first-degree murder, which carries a minimum sentence of life in prison and a maximum sentence of death. His competency hearing will be held in Montezuma County District Court on Aug. 1 at 9 a.m.