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Thread: Darian Tawan Atkinson Ruled Incompetent for Trial in 2019 MS Slaying of Patrolman Robert McKeithen

  1. #11
    Administrator Helen's Avatar
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    PLED GUILTY TO ACCESSORY AFTER THE FACT TO THE CAPITAL MURDER OF OFFICER ROBERT MCKEITHEN

    By WXXV News Staff

    District Attorney Joel Smith announced today that Andre Anderson Sullivan, 18, of Gulfport, waived presentment to the Grand Jury and pled guilty to the charge of Accessory After the Fact to the Capital Murder of Biloxi Police Officer Robert McKeithen. Sullivan also pled guilty to his role in a December 28, 2018, Armed Robbery, which occurred on Grand Lido Lane in Gulfport. Judge Christopher L. Schmidt accepted the pleas, and deferred sentencing pending a disposition of the Capital Murder charge against Darian Atkinson and the remaining Accessory After the Fact to Capital Murder charges against Wanya Atkinson, Davian Atkinson, Dalentez Brice, and Joshua Kovach.

    During the Accessory plea, Sullivan told the Court that prior to arriving at Atkinson’s mother’s home, he had seen photos of the suspect released to the press by police and recognized the suspect as Darian Atkinson. After arriving at the residence, Sullivan admitted that he assisted Atkinson in changing clothes to conceal his identity as the suspect, which included Atkinson and Sullivan swapping shoes. The prosecution further advised the Court, that the assistance Sullivan provided to Atkinson was captured on video by a home surveillance system.

    Sullivan was out on bond on the Armed Robbery charge when he was arrested on the charge of Accessory After the Fact, and has been held without bond at the Harrison County Adult Detention Center since his arrest on May 9, 2019. He will remain in custody.

    The Grand Jury Indictment against Darian Atkinson for Capital Murder returned on November 18, 2019, and a trial date is expected to be set during a hearing later this month.

    https://www.wxxv25.com/2019/12/02/pl...ert-mckeithen/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #12
    Administrator Helen's Avatar
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    3 enter pleas on accessory charges in killing of Biloxi police officer ‘Mac’ McKeithen


    By Margaret Baker
    Sun Herald

    Three Coast men pleaded guilty Tuesday in Circuit Court for their roles in assisting the man charged with capital murder in the May 2019 shooting death of Biloxi Police Officer Robert "Mac" McKeithen.

    Joshua Michael Kovach, 22, and Wanya Toquest Atkinson, 21, both pleaded guilty to accessory after the fact to capital murder before Judge Christopher Schmidt.

    Kovach and Atkinson said they helped the alleged gunman, Darian Atkinson, with a change of clothes after the May 2019 ambush-style shooting of McKeithen.

    Dalenetez Latavian Brice, 21, pleaded guilty to a charge of hindering prosecution, telling the judge that he lied to law enforcement when they asked if he knew the shooter or had been around him in the aftermath the slaying.

    All three men met up with Darian Atkinson at his mother’s home in Biloxi after the shooting.

    All three will face sentencing Sept. 8.

    Another of Atkison’s brothers, Davian Atkinson, is still facing prosecution on a charge of accessory after the fact to capital murder. He has admitted he gave his brother a ride to Wiggins after the killing and allowed him to use his cellphone.

    Another man charged as an accessory, Andrew Anderson Sullivan, 19, of Gulfport, waived a grand jury investigation last year and pleaded guilty to a bill of information charging him as an accessory.

    Accessory after the fact to capital murder carries a maximum sentence of 20 years and up to $10,000 in fines.

    A CHANGE OF CLOTHES

    Kovach, Sullivan and Wanya Atkinson admitted giving Darian Atkinson a change of clothes after the shooting to help him disguise himself to avoid capture.

    After the shooting, Darian Atkinson met his brothers at their mother’s home, which had had surveillance cameras mounted inside and outside.

    In surveillance video, a car with four people inside was shown pulling up at the home, where Darian Atkinson walks up and gets his change of clothes out of the car’s trunk.

    The men surround Atkinson in a semi-circle, according to previous testimony, while Darian Atkinson changed his clothes.

    Davian Atkinson admitted he gave his younger brother a ride to Wiggins after the killing, and allowed his brother to use his cellphone.

    All of the suspects said they recognized Darian Atkinson as the suspect in the shooting when photos were released shortly after McKeithen’s death.

    All of the men charged as accessories except Kovach have remained jailed since their arrests in the days after the homicide.

    THE KILLING

    According to investigators, Darian Atkinson walked 8 miles from a home in Gulport to the Billoxi Police Department with one goal in mind — to kill a police officer.

    Darian Atkinson was taken into custody after a nearly 24-hour manhunt. He was captured in Wiggins after an off-duty Biloxi police officer spotted him walking down a road and called local authorities to pick him up.

    Surveillance footage at the police department showed Darian Atkinson within arm’s length of McKeithen when he started shooting, an investigator said in previous testimony.

    The shooter fired nine rounds, with three of the bullets hitting McKeithen’s bulletproof vest, another grazing his head and another hitting him in the body.

    McKeithen was on duty and had just returned to the police station because of a flat tire.

    Darian Atkinson is awaiting trial on a capital murder charge. The trial is set to begin Sept. 21.

    His attorneys plan to argue an insanity defense are pushing to have the death penalty off the table as a possible sentence for Atkinson if he’s convicted.

    https://www.sunherald.com/news/local...242826156.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #13
    Moderator Bobsicles's Avatar
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    Man convicted in 2019 slaying of Biloxi officer sentenced

    BILOXI, Miss. (WLOX) - One of the men involved in the ambush and murder of a Biloxi police officer will spend the next seven years in prison for his part in the crime.

    Dalentez Brice was sentenced to 15 years on Wednesday after being convicted last year of accessory after the fact in the shooting death of Officer Robert McKeithen.

    Eight years of Brice’s sentence was suspended, leaving seven years to serve, including the time he has already spent in jail. After serving his sentence, Brice will have an additional five years of post-release supervision. Brice has been behind bars since he was arrested just days after the 2019 murder.

    “The men and women of the Biloxi Police Department, the family there, are just pleased that one of the individuals involved in Officer McKeithen’s murder had his day in court and justice was served in this case,” said Biloxi Police
    Captain Brian Dykes. “We only hope it brings a small amount of closure to (McKeithen’s) friends and family.”

    Police say McKeithen was ambushed by Darian Atkinson outside the Biloxi Public Safety Complex on May 6, 2019. A manhunt then ensued for Atkinson. In the days following his arrest, several suspects were arrested and charged with aiding him after the murder, including Brice.

    Brice pleaded guilty in May 2020 to hindering prosecution by attempting to prevent law enforcement from discovering facts related to the prime suspect’s criminal activity.

    Darian Atkinson - who was 19 at the time of the murder - is accused of ambushing McKeithen in the parking lot of the Biloxi Safety Complex and shooting him multiple times. The murder suspect’s two older brothers Davian

    Atkinson and Wanya Atkinson, along with friends Joshua Kovach, Andre Sullivan and Dalentez Brice, all pleaded guilty to charges related to the murder, admitting to helping Darian Atkinson after McKeithen was killed.

    Kovach, Brice and Wanya Atkinson all told the court that prior to arriving at Atkinson’s mother’s home in the early morning hours of May 6, 2019, admitting that they had all seen photos of the suspect released to the press and on social media and recognized him as Darian Atkinson. Kovach and Wanya Atkinson admitted that after arriving at the residence, they assisted Atkinson in changing clothes to conceal his identity as the suspect.

    Brice, who did not actively participate in the changing of Atkinson’s clothes, admitted to lying to the police when interviewed, denying both that he knew Atkinson and that he had been with him after the murder.

    According to attorney Keith Pisarich, Brice will be eligible for parole after he serves 25 percent of his sentence and with the stipulation that he testifies in the capital murder trial of Darian Atkinson.

    Darian Atkinson’s trial is set to begin on May 17, 2021. Court documents filed in April 2020 show Atkinson’s legal team plans to use the “defense of insanity.”

    https://www.google.com/amp/s/www.wlo...outputType=amp
    Last edited by Helen; 02-24-2021 at 05:55 PM. Reason: added related at top and fixed spacing
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  4. #14
    Administrator Helen's Avatar
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    Strange I am not seeing anywhere that the DP is being sought in this case. I would be really shocked if it wasn't.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #15
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    Capital murder suspect back in court to argue against death penalty

    By Desirae Duncan
    WLOX News

    HARRISON COUNTY, Miss. (WLOX) - The man accused of ambushing and killing Biloxi police officer Robert McKeithen was back in court on Tuesday for a hearing on constitutional motions.

    Darian Atkinson walked into the courtroom with a slight smile on his face, making a few random noises and said, “What’s up?” to his defense team before sitting down before Judge Chris Schmidt.

    Atkinson’s attorney made two motions to preclude the death penalty in the case arguing that Atkinson should be considered ineligible due to his age and mental illness.

    She brought up a landmark Supreme Court decision that abolished the juvenile death penalty for those under 18.

    Even though Atkinson was 19 at the time of the shooting, his attorney said should be extended to Atkinson’s case, saying, “For the reasons that are in the motion, we’re arguing that 18 to 21-year-olds should be categorically ineligible for the death penalty the same way 18 and under already is.”

    She later went on to say, “I think that it is asinine that Darian Atkinson can’t go drink a beer, can’t go into a casino but he can be executed.”

    She also argued that Atkinson suffers from some sort of mental illness, though couldn’t say what, because she said he hasn’t cooperated with the doctors.

    While the judge denied both motions, he did allow the trial to be moved to Rankin County to start on Sept. 27.

    https://www.wlox.com/2021/05/11/capi...death-penalty/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #16
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    Capital murder suspect will have trial heard by Rankin County jury

    By WLOX News

    BILOXI, Miss. (WLOX) - The man accused of murdering a Biloxi Police Officer will be tried on the Coast, but not by a South Mississippi jury.

    A jury from Rankin County will hear Darian Atkinson's case after a decision made Tuesday in a pre-trial hearing.

    Atkinson is accused of shooting Biloxi Police Officer Robert McKeithen on May 5 ‚2019, in the parking lot outside the Biloxi Public Safety Center.

    In Tuesday’s hearing, Atkinson’s defense attorney also requested that there be a limit on the number of police officers allowed in the courtroom during the trial and that no one other than Biloxi Chief John Miller be allowed to wear their uniform.

    According to the Harrison County District Attorney’s office, the defense argued a room full of uniformed officers would be hinder a fair trial for Atkinson.

    Judge Christopher Schmidt took the request under advisement and asked both sides to research precedent on the matter.

    Atkinson’s trial is set for Sept. 27, but the trial could be delayed due to the surge in COVID-19 cases.

    https://www.wlox.com/2021/08/24/capi...n-county-jury/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #17
    Administrator Helen's Avatar
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    3 men sentenced in connection with Biloxi officer’s 2019 murder


    In a letter, Officer McKeithen’s widow told the men they’ll earn her forgiveness by completing their education or learning a trade, and not committing any other crimes

    By WLOX News Staff

    BILOXI, Miss. (WLOX) - It’s a step toward closure for the family of Biloxi Police Officer Robert McKeithen. Three suspects who played roles in the aftermath of the officer’s 2019 murder learned how long they’ll go to jail.

    Wanya Atkinson, Andre Sullivan, and Davian Atkinson and all appeared in a Biloxi courtroom Monday afternoon for their sentencing hearings.

    Wanya Atkinson, 23, received a 20-year sentence with 10 years suspended, leaving him 10 years to serve. He must also pay a $2,000 fine.

    Andre Sullivan, 21, received a 20-year sentence. And on another count received a 15-year sentence with 10 years suspended, leaving 5 years to serve.

    Davian Atkinson, 24, received a 20-year sentence with 5 years suspended, leaving 15 years to serve.

    All three men will receive credit for time served, and once released from custody will be placed on probation.

    During Monday’s sentencing, both Andrew Sullivan and Davian Atkinson apologized to the McKeithen Family for their roles in the officer’s murder. Before the men left court, Judge Christopher Schmidt had them listen to a message McKeithen’s widow, Pam, wrote for them.

    In the letter, she told them they will earn her forgiveness by completing their education or learning a trade, and not committing any other crimes. She went on to say she appreciates them making the right choice by taking responsibility for their actions.

    Judge Schmidt echoed the sentiment of Pam McKeithan stating, that “what we all hope for you, is that after you complete your prison sentences, you do what everyone should do, lead productive lives committing no further crimes.”

    The trio pleaded guilty in 2020 to accessory after the fact of capital murder. They admitted they assisted capital murder suspect Darian Atkinson with his getaway May 5, 2019 in the hours after Officer McKeithen’s shooting death.

    Darian Atkinson was the teenager who allegedly gunned down Officer McKeithen outside Biloxi police headquarters. Prosecutors say he’s currently awaiting a psychological evaluation at the Mississippi State Hospital at Whitfield, and the Capital Murder case has been continued until that evaluation can be completed.

    As part of their plea agreements, Andre Sullivan and Wanya Atkinson agreed to provide truthful testimony at Darian Atkinson’s trial. Their anticipated testimony would include that they recognized Darian Atkinson in the photographs of the suspect released through the media on the night of May 5 and into the early morning hours of May 6, 2019, that they met with Darian Atkinson at his mother’s house on Woodfield Lane during the early morning hours of May 6, and that they assisted with providing him with a change of clothes, so that he would not be recognized by law enforcement.

    Sullivan and Wanya Atkinson further admitted that they intentionally misled law enforcement when questioned about their involvement with Darian Atkinson in the hours following the murder of Officer McKeithan.

    https://www.wlox.com/2022/03/07/3-me...s-2019-murder/


    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #18
    Administrator Helen's Avatar
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    Man accused of killing Biloxi police officer is now incompetent to stand trial. What’s next?

    By Margaret Baker
    Sun Herald

    The 22-year-old man accused of the shooting death of Biloxi Police Officer Robert McKeithen is currently incompetent to stand trial for capital murder.

    Darian Atkinson of Harrison County arrived at the Mississippi State Hospital at Whitfield on March 9 for his sixth psychiatric evaluation and additional treatment to try to restore him to competency to stand trial.

    Atkinson is facing a possible death sentence or life in prison without parole if convicted in the May 5, 2019, killing of McKeithen outside the Police Department, officially named the Lopez-Quave Public Safety Center.

    Though psychologists initially found Atkinson competent to stand trial in 2020, his condition deteriorated by around October 2021, when his attorney, Angela Broun, said she started having problems communicating with him for his defense.

    The attorney has described Atkinson in court papers as “seriously mentally ill.”

    After Atkinson arrived at the state hospital for the latest evaluation and treatment, Atkinson’s attorney said she was there and spoke to the doctor, who confirmed Atkinson’s incompetency at that time.

    His attorney expects an update on his condition in about three months.

    “The purpose of this is to try and evaluate and restore Darian to competency, whether that is through medication or therapy they have up there,” Broun said.

    In addition, Broun said, the state hospital has a court education program to help alleged offenders have a better understanding of the legal system.

    Forensic psychologist Chris Lott noted in one of the later psychiatric evaluations that Atkinson was not taking his medication at the Harrison County jail.

    Atkinson has been in custody since his arrest on May 6, 2019. He was 19 years old at the time of the killing.

    He is not eligible for a bond because he is charged with capital murder.

    Capital murder is a murder committed during a commission of a felony offense. However, a person charged with killing a police officer, prosecutor, or the like automatically faces a capital offense. An underlying felony offense is not required when someone is accused of a police officer’s killing.

    KILLING OVER BLACK OPPRESSION, WITNESS SAYS

    Judge Christopher Schmidt found Atkinson competent to stand trial in early 2020 based on testimony from Lott, among other things.

    Lott felt Atkinson clearly understood the charge against him, the penalty, and his role in the case. Still, Lott said, he had concerns about Atkinson’s understanding of legal strategy when it came to defending his case.

    Atkinson then indicated to Lott that he committed the crime because of the systematic oppression of Black people and his right to bear arms.

    Atkinson then felt like the jury would understand his reasoning for the action, Lott said at the May 2020 hearing before Schmidt.

    Lott had those concerns because Atkinson’s mother, grandfather and girlfriend said he had started acting strange when he returned home from a trip to Texas shortly after his high school graduation.

    After his return, Atkinson reportedly made odd comments to his family, like saying they needed to turn the television off because people were listening.

    Atkinson had had other issues as well.

    In 2018, for example, Atkinson was suspended from Biloxi High School after reportedly making threats involving guns in the aftermath of a mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, where a gunman opened fire, killing 14 students and three teachers and injuring 17 others.

    In that case, two Biloxi High students were talking about the Parkland shooting when Atkinson reportedly told a female student, “’ I’m thinking about doing the same thing here, and I’m going to start with you.’”

    In the capital murder case, the defense is planning an insanity defense, arguing that Atkinson had a mental and emotional impairment that prevented him from understanding the full weight of his actions when he shot and killed McKeithen.

    A PLANNED ATTACK ON A POLICE OFFICER

    According to investigators, Atkinson had a pre-conceived plan to kill a member of law enforcement in 2019.

    On the night of McKeithen’s slaying, authorities said Atkinson had walked eight miles from Gulfport to the Biloxi police department with one goal in mind — to kill a police officer.

    The shooting, dubbed an ambush-style slaying by authorities, occurred in the parking lot outside the Police Department.

    Authorities took Atkinson into custody after a 24-hour manhunt that ended when an off-duty Biloxi police officer spotted Atkinson in Wiggins and called the local agency to make the arrest.

    Surveillance footage from the Biloxi police department showed Atkinson within arm’s length of McKeithen when the shooting occurred.

    The gunman fired nine rounds, with three bullets hitting McKeithen’s bulletproof vest, another grazing his head, and another hitting him in the body.

    McKeithen had just returned to the police department on Porter Avenue because of a flat tire at the time of his slaying. McKeithen was a beloved father, family man, mentor and dedicated law enforcement officer, having served 24 years at the Biloxi police department.

    https://www.sunherald.com/news/local...273278530.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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