DAWKINS DECLARED NOT COMPETENT

August 26, 2010
Contact: [email protected]
(Walhalla, SC). Following examination of competency evaluations and
reports by Dr. Michael Gassen of the South Carolina Department of Mental
Health, the Honorable Alex Macaulay has accepted recommendations from
both the State and the Defense that eighty year-old Alfred Dawkins be
declared not competent and not likely to restore as relates to the death of his
sister, Johelen Owens. SC Code of Laws §44-23-430 Section 2 states:
… the person is unfit to stand trial for the reasons set forth
in Section 44-23-410 and is unlikely to become fit to stand
trial in the foreseeable future, the solicitor responsible for
the criminal prosecution shall initiate judicial admission
proceedings pursuant to Sections 44-17-510 through 44-17-
610 or Section 44-20-450 within fourteen days, excluding
Saturdays, Sundays, and holidays, during which time the
court may order the person hospitalized, may order the
person to continue in detention if detained, or, if on bond,
may permit the person to remain on bond;
Judge Macaulay ordered the State to proceed with judicial admission
proceedings in the Probate Court pursuant to SC Code of Laws §44-17-510.
On March 26, 2009, Seneca Police Department was dispatched to the
Dawkins childhood home after Mr. Dawkins called 911 stating that he had
killed his sister. Following Dawkins’ arrest, a series of mental evaluations
were conducted which resulted in a diagnosis of dementia of the
Alzheimer’s type, characterized by delusions of a persecutory nature. Based
on this diagnosis, doctors with the South Carolina Department of Mental
Health opined that Dawkins did not have the capacity to understand the
proceedings against him or to assist his attorney in his own defense.
“The expert testimony clearly demonstrated that Mr. Dawkins was not
mentally fit to stand trial. We believe that confinement to a mental hospital
is the best resolution to prevent Mr. Dawkins from harming anyone else in
our community,” said Solicitor Adams. “Our thoughts go out to the entire
family in this case who have gone through a very difficult and emotional
time.”