Trial for Devawn Mitchell in the automobile death of Steve Henry will almost certainly take place next year after a motions hearing Friday.
Mitchell’s attorney, Rick Meier, filed a motion for mental disease or defect. Prosecutors opposed the motion, but Lyon County Judge Lee Fowler allowed the filing. This means Mitchell will be evaluated by a mental health professional, with a hearing at 11 am Dec. 1 to determine whether Mitchell plans to use that defense tactic as court proceedings continue.
Lyon County Attorney Marc Goodman says prosecutors will have an expert available to respond.
Trial was set to begin Oct. 25.
Mitchell was accused for first-degree felony murder, aggravated assault on law enforcement, felony flee and elude and other counts after a two-vehicle crash March 18 on West Sixth between Chestnut and Lawrence. Mitchell was allegedly fleeing from law enforcement at times earlier in the day, but law enforcement have said they were not pursuing Mitchell when the crash happened.
