John Kelly O'Connor (51), charged with the murder of Charles “Bert” Everett Miller, appeared for a status hearing before the Tenth Judicial District Court on Tuesday, July 13, before Senior District Judge William Maddox.
O'Connor, facing First Degree murder and other charges, has been in residence at Lakes Crossing Center in Sparks, undergoing a lengthy and comprehensive psychiatric evaluation and psychiatric treatment. Lakes Crossing provides forensic mental health services to the state and is charged with determining competency when a defendant's competency to stand trial is in question.
The charges in the case stem from the devastating events that occurred on July 22, 2018, when O'Connor entered the Richards Street Building of the Church of Jesus Christ of Latter-Day Saints at 750 W. Richards Street in Fallon while hiding a handgun under his shirt. Upon entering the church during Sacrament Meeting, he then shot Bert Miller (age 61) several times using a concealed firearm. O'Connor also shot Duane Miller (age 64), who survived the shooting, and aimed the gun at Mike Whitaker, also in attendance, but did not fire upon him.
O'Connor fled the scene and was later apprehended at his home and charged with multiple offenses, including: (1) First Degree Murder with the Use of a Firearm to a Victim 60 Years or Older, a Category A Felony, which carries a 50-year sentence, life in prison, or the death penalty. (2) Battery with a Deadly Weapon Causing Substantial Bodily Harm of a Victim 60 Years or Older, a Category B Felony which carries 2-15 years in prison. (3) Assault with a Deadly Weapon, also a Category B Felony, with a penalty of 1-6 years, and (4) Possession or Use of a Dangerous Weapon Carrying a Concealed Weapon without a Permit, a Category C Felony, punishable by up to 5 years in prison.
According to the First Amended Information filed with the court by the District Attorney's Office, the "Defendant did willfully and deliberately, with premeditation, kill Charles "Bert" Everett Miller (61), by shooting him multiple times with a Beretta Px4 Storm Handgun… and did shoot Duane Miller (64), causing prolonged physical pain… O'Connor did point the handgun at Mike Whitaker putting him in reasonable apprehension of immediate bodily harm and O'Connor did conceal and carry the handgun under his shirt without possession and Carrying Concealed Weapons Permit."
The hearing Tuesday was set to apprise the court of O'Connor's competency status. According to Richard Davies, Esq., appointed to defend O’Connor, and Chief Deputy District Attorney, Lane Mills, O'Connor's evaluation concluded that he is not competent to stand trial. Further, he is not expected to become competent in the foreseeable future. As he does not meet the criteria for competency needed to proceed with adjudication, the court will likely dismiss the case.
Competency, in legal terms, is not a defense. Competency to stand trial relates to a defendant's mental state after an offense is committed, not before or during the crime. It is legally unrelated to the defendant's state of mind during the commission of the crime. A person who is not competent to stand trial cannot be convicted of a crime. Defendants have an unassailable right to understand the proceedings against them and assist in their own defense. If they are unable to understand and assist, they are deemed "legally incompetent."
A defendant must also be able to adequately communicate with defense counsel, understand and process information, make decisions regarding the case, understand the elements of the charges, the gravity, and the possible penalties (nolo.com legal encyclopedia).
In February of 2019, during a status hearing on O'Connor's competency, Davies was hopeful his client would ultimately be determined competent to stand trial, stating, "Progress is being made on the path to competency." However, at the time, two of the three evaluating doctors did not feel O'Connor was ready.
Since then, all three doctors have concluded that he is not competent to stand trial, nor likely will be. "The psychiatric staff at Lakes Crossing believes that that O'Connor is unable to assist in his own defense," stated Davies.
The court entered the findings of O'Connor's competency on the record and instructed Lane Mills, Chief Deputy District Attorney, in accordance with NRS 178.461, to file a motion within ten days asking that Lakes Crossing be ordered to prepare a Comprehensive Risk Assessment and submit it to the court and counsel within 40 days.
The court will hold a hearing to determine O'Connor's risk to himself and the community on September 7, 2021. The court will then enter further orders related to the placement of O'Connor per statute and the recommendations of Lakes Crossing. Based on O'Connor's competency findings, the charges may be dismissed, and the criminal prosecution halted. The trial that was scheduled on March 7, 2022, has been vacated.
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