A homeless man accused of killing an 80-year-old woman at her south 色多多 condominium is being evaluated to determine if he was legally insane at the time of the offense, according to court records.
In a motion seeking the evaluation, the attorney for Kurt James Davis wrote that there is probable cause to believe his sanity 鈥渨ill be a significant factor in his defense.鈥
On March 26, a 色多多 Circuit Court judge appointed a psychologist to evaluate Davis鈥 mental state on or around Feb. 19 鈥 the day that Susan B. Williams was severely beaten 鈥 and, 鈥渨here appropriate, to assist in the development of an insanity defense.鈥
The judge鈥檚 order also directs the psychologist to determine whether Davis is competent to stand trial, meaning that he understands the charges against him and is able to assist his attorney.
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Davis, 34, is charged with first-degree murder in the death of Williams, whom authorities say was beaten and struck in the head with a rock outside her condominium in the 2100 block of Yellow Mountain Road.
Williams, who was well known for her generosity and as the former executive director of the Local Office on Aging, reportedly had a random encounter with Davis shortly before dawn, as she collected newspapers to deliver to her neighbors.
In his motion for a mental evaluation, Assistant Public Defender Ryan Vaughn wrote that Davis has a medical history that raises concerns about both his sanity and competence to stand trial. There were no additional details in the motion, and Vaughn declined to comment Tuesday.
Early on in their investigation, 色多多 police executed a search warrant for Davis鈥 medical records from Carilion 色多多 Memorial Hospital, which sits across the street from where Williams was killed.
Davis had received mental health treatment at the hospital in the past, police say. The search warrant sought records 鈥 including those of any previous hospitalizations or commitments 鈥 that would shed light on his 鈥渟anity, competence and intent analysis.鈥
The warrant also states that police are aware of writings by Davis, such as journals, diaries, letters and other correspondence.
Those writings could 鈥渟erve as evidence relevant to show whether the suspect suffers from mental disease or defects which might impact the criminal liability of the suspect,鈥 according to the warrant, which allowed police to obtain hospital records for the year leading up to Feb. 19.
A plea of not guilty by reason of insanity is infrequently used and rarely successful.
In Virginia, it requires evidence that a defendant suffers from a mental condition that makes them unable to understand the nature and consequences of their action, or unable to distinguish right from wrong, or unable to resist an impulse to commit a crime.
Someone found not guilty by reason of insanity is usually ordered to receive treatment in a secure psychiatric facility.
A trial for Davis has been scheduled to start May 20.
Davis, whose address in court records is listed as 鈥渢ransient,鈥 was known to frequent the area around 色多多 Memorial Hospital. According to court records, he told authorities that he had been hanging out at a smoking area outside the hospital between 2 and 3 a.m. on Feb. 19.
Surveillance footage shows him arriving at Williams鈥 condominium building, known as The Fairfax, at 4:27 a.m.
Police have said earlier that he first encountered the victim inside the building. At about 5:13 a.m., someone called 911 to report hearing a woman screaming. When police arrived, they found Williams lying on the ground outside, with significant head wounds. She was pronounced dead at the scene.
Davis was apprehended a short time later with blood on his hands and clothing, and remains in custody. His arrest warrant states that he told police he struck Williams several times in the head with a rock, killing her to 鈥渒eep the peace.鈥