Badger Mountain Murder Suspect Could Get Competency Evaluation, Judge Disqualified
The man accused of killing his former girlfriend on Badger Mountain Road in Douglas County is still refusing to communicate with his attorney.
Twenty-seven-year Dalton Potter also refused to answer any questions in court for the third time Thursday.
"Your honor, I would like to say I am here against my will," said Potter, who also stated he didn't want to answer any questions.
Potter's defense attorney filed paperwork this week to have him undergo a competency evaluation, stating that Potter had not communicated with him to help prepare his case
Prosecutors then filed a motion to block the evaluation Thursday, saying there's insufficient basis to doubt Potter's competence.
"Defense counsel characterizes this as an 'inability' to participate; however, this behavior can be equally characterized as an unwillingness to participate," wrote Deputy Prosecuting Attorney Ethan Morris wrote.
There's been no decision over the competency evaluation yet.
But another twist the case has been unfolding.
Last week, the prosecuting attorney exercised his right to have the judge disqualified from the case.
Then on Wednesday, defense attorney Jessy Collins moved to have the replacement court commissioner disqualified because the commissioner is a former prosecutor who was previous involved in a case against the defendant.
Thursday, Court Commissioner Steven Clem officially stepped down from the case in the latest hearing.
“I think it’s clear that based upon the court’s prior experiences as the elected prosecuting attorney in charge of the office that previously charged Mr. Dalton with criminal offenses under the laws in Washington, that I must recuse myself from hearing this matter,” said Clem.
Another court date in the case has been set for next Tuesday with Douglas County Superior Court Commissioner Phil Safar presiding.
Potter is accused of shooting and killing 37-year-old Alyssa Longwell along the rural stretch of Badger Mountain Road on January 21.
Witnesses told deputies they watched Longwell fall out of a car and saw a man they thought was Potter exit the car and kill Longwell with several shots.
The witnesses also said the man opened fire on them, with of them sustaining injuries from shattered windshield glass.