GRAND RAPIDS, Mich. — A Kent County judge is being asked to revisit his decision that a man charged in the murder of 16-year-old Mujey Dumbuya is incompetent to stand trial, setting the stage for his release.
Judge George Quist ruled in October that 61-year-old Gerald Bennett is not competent to stand trial and likely will not attain competency within the required timeframe. Investigators say he assisted Quinn James in Dumbuya’s murder. James is serving life in prison.
Bennett has yet to go to trial. He’s been locked up for nearly three years while issues of his mental condition were addressed.
“This is a man with grave mental deficits,’’ defense attorney Charles Clapp argued on Friday. “He is very difficult to represent; he doesn’t really know what’s going on and I ask that you deny the motion.’’
The Kent County Prosecutor’s Office disagrees. Three assistant prosecutors attended a virtual hearing on Friday in which Quist was asked to reconsider his earlier decision that Bennett is not competent to stand trial.
“I don’t think the burden has been met,’’ Kent County Assistant Prosecutor Dan Helmer said.
Quist said he expects to issue a written opinion next week.
Quist in October held a two-day hearing on the issue of Bennett’s competency. It included testimony from three expert witnesses.
A psychologist who works for the Center for Forensic Psychiatry determined that Bennett “appeared incapable of understanding the nature of the proceedings against him.’’
A psychiatrist used by the prosecutor’s office came to a different conclusion. She noted that while Bennett has been diagnosed with mild to moderate mental retardation, “he has been able to succeed in a life on the streets.’’
Bennett “clearly does have a knowledge of the charges against him,’’ Dr. Elissa P. Benedek determined.
In his 16-page opinion signed Oct. 23, Quist concluded that Bennett is “permanently incompetent to stand trial.’’
“He simply does not have the intellectual functioning or memory skills to retain the information he would need to attain competency,’’ Quist wrote.
“This court is cognizant of the potential for an incredible miscarriage of justice if the Defendant is not tried on the pending charges,’’ Quist wrote. “However, the applicable law and the evidence presented supports the Court’s findings.’’
Prosecutor Chris Becker said if the decision of incompetency stands, he will ask the Michigan Court of Appeals to have a look.
“Essentially if this decision stands, the case is dismissed and the person goes free,’’ Becker said. “We can’t hold him during pendency of an appeal.’’
A Kent County jury in February of 2019 convicted Quinn James of first-degree murder in the 2018 strangulation death Dumbuya, who accused him of rape.
Dumbuya, 16, was last seen alive on the morning of Jan 24, 2018 when she left her apartment complex near Burton Street and East Paris Avenue SE to walk to a nearby bus stop.
Her body was found in Kalamazoo four days later by two Western Michigan University students out for a walk. An autopsy determined she died from asphyxiation.
James, who was living in the city of Wyoming, was soon identified as a person of interest in her death. He was charged with her murder in April of 2018. Bennett was charged with conspiracy to commit first-degree premeditated murder. Investigators say he assisted James.
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