On Thursday, November 17, Michael Jacob “Jake” Casey, age 41, and currently in custody, appeared in New River Justice Court in front of Judge Ben Trotter for a Status Hearing to address custody status and to address that Casey wants to represent himself.
Public Defender Sommer stated Casey has “been pretty clear that he doesn’t want me to represent him.” Assistant District Attorney Pricilla Baker told the court that regarding the Faretta canvas the state believes it is premature. The defendant has three serious charges: Attempted Murder, Burglary, and Assault with a Deadly Weapon. Regarding custody status, Baker stated there have been multiple determinations by this court that bail is appropriate, and the defendant hasn’t shown any difference to have bail reconsidered. Casey told the Court he has livestock and 1,500 acres “I need to attend to.”
Baker said the state has checked with the assessor’s office and confirmed Casey does not own any land here, although his father does. He does have family here that can help with the livestock. Trotter stated property ownership and livestock ownership are not considerations for a release on your own recognizance in Nevada. Bail is appropriate and will remain at $1,040,000.
Casey told the court he had looked it up in the NRS and “I am to be granted an affordable and a reasonable amount of bail” and that “my animals are starving to death right now. That’s cruel and unusual punishment.”
Baker stated, “This defendant is a danger to society.” She said his charges include assault with a deadly weapon, attempted murder, assault with a deadly weapon, battery by a prisoner, injury to property, residential burglary, grand larceny of a firearm, and possession of a firearm by a felon.
Trotter inquired of Casey what he thinks a bail that he could attain would be. “I think $100,000. I could probably work with that.” He said he could bond $15,000.
Trotter stated he does not find there is anything new and “the nature of the charges and the understanding of the repetition of these type of offenses is the primary concern for me at this point.” He found there is no reason for OR or a reduction of bail.
Trotter then canvased Casey regarding Casey’s request to represent himself. After several questions and answers, Sommer respectfully interrupted, stating that based on the answers the defendant gave and some of the information he has given he has reason to believe Casey is not competent. He felt another competency evaluation should be completed. He questioned the defendant’s ability to make informed decisions. Sommer stated Casey has talked about having a traumatic brain injury, trackers, passing the bar exam, and “these things appear to be contrary to all available facts.” Sommer told the court he did not believe the Faretta canvas should continue. ADA Baker said that less than two months ago in District Court, two evaluators found Casey competent. She said while the state agrees he may be competent to stand trial, he is not at the stage to represent himself.
Casey told the court he is competent he just has a hard time remembering stuff and he does have a tracking device that “you guys” put in.
Trotter ruled he will not require another competency as they were done two months ago. He stated, “I do not believe, Mr. Casey, it is in your best interest whatsoever to represent yourself without counsel,” and denied Casey’s request.
The Preliminaries remain set for February 16 and March 2, and March 9, 2023. Trotter told Sommer that he is still counsel for Casey at this time.
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