The Kansas Supreme Court overheard oral arguments in the case of Devawn Mitchell Wednesday morning.
Mitchell is appealing his sentence of nearly 50 years following a fatality crash that took the life of Emporian Steve Henry back in March of 2021. According to Mitchell’s defense attorney Kurt Kerns a competency evaluation determined Mitchell “possesses the ability to understand the legal process if he is given the coaching and support.”
Kerns claims there is “no evidence as to what that is.”
Assistant Lyon County Attorney Carissa Brinker stated, “There is nothing in the record to support he did not receive coaching and support.”
Brinker also noted that defense counsel did not file a motion for competency until “after the defendant made a couple comments during trial.” She adds, “Defense counsel’s statements are not evidence and it is the competency evaluation and also the way the defendant was acting during trial.”
She says Mitchell’s behavior could have been taken under consideration and “presumably would have” to determine Mitchell’s competence if he was acting a certain way during the trial, however, she says the record did not reflect any issues in behavior throughout the proceedings.
The Supreme Court has taken the matter under advisement. A date for when the matter will be revisited is currently pending.
In March of 2021, Mitchell led two pursuits across parts of Emporia and was driving at a high rate of speed when his car hit Henry’s truck, killing him almost instantly. Officers had called off a pursuit because of unsafe driving conditions shortly before the crash.
