LAKEPORT — A Clearlake man accused of murder and assault with a deadly weapon will be examined by a psychiatrist selected by the court, at the behest of his attorney.
Disabled former firefighter Wilbur H. Cope, 36, is charged with the shooting death of Kristen Lori Raviotta in an alleged shooting spree in the early morning hours of Sept. 10. Cope faces three additional counts of attempted murder with the use of a firearm in the shooting of Terry Cain, Cope”s ex-wife Michele Cain and Sharon England.
One of the counts includes an allegation for assault resulting in great bodily injury.
Cope”s court-appointed attorney, Bruce Laning, expressed to the court Friday his doubt about Cope”s competence to stand trial. Lake County Superior Court Judge Richard Martin consequently appointed Dr. Douglas Rosoff, a Ukiah psychiatrist, to examine him.
Criminal proceedings are suspended until Jan. 5. A report from Dr. Rosoff is expected at that time.
Deputy District Attorney John Langan explained that the preliminary hearing cannot be set until a determination is made as to whether or not Cope is competent to assist his attorney in his own defense.
According to California Penal Code section 1368, a person may not be tried or assigned punishment if found to be mentally incompetent.
“The focus is on his current mental status now, not on his mental status at the time of the crime,” said Deputy District Attorney John Langan, who is prosecuting the case.
There are three things Dr. Rosoff will be looking at: whether or not Cope is able to understand the nature and purpose of the criminal proceedings, whether or not he can comprehend his own status and condition in reference to the proceedings, and he must be able to assist his attorney in conducting a defense,” explained Langan.
Once Dr. Rosoff”s report is made, both the DA and the defense are entitled to a jury trial to determine Cope”s competency.
“Even if Dr. Rosoff says there”s no basis (for incompetency), the defense is still entitled to have a jury trial, as is the DA. Those are options that will hopefully be closer to occurring on the 5th,” explained Chief Deputy DA Jon Hopkins, noting that most competency issues are resolved based on doctors” reports.
“I am hopeful that he”ll be found competent and we can get on with this and get a date for the preliminary hearing,” said Langan. “I don”t want to prejudge Dr. Rosoff”s report until I”ve seen it,” he added.
If Cope is found incompetent, he may be treated at a state hospital or other treatment facility until he can be found mentally competent, explained Hopkins.
Dr. Rosoff”s report is scheduled to go before Judge Martin in Dept. 2 of the Lake County Courthouse at 9 a.m. Jan. 5.
Contact Tiffany Revelle at trevelle@record-bee.com.
