A Tucson man accused of murdering two people will undergo a second mental-competency exam following his erratic behavior while acting as his own attorney during recent court hearings.
King Yates is facing first-degree murder charges in the deaths of his wife and Pima County jail cellmate. Cassandra Yates was found shot to death in a friendโs apartment in November 2016, three weeks after Yates was released from jail with no bond following an arrest on a charge of prohibited possession of a firearm. Police arrested Yates the morning after Cassandraโs death, after they found him hiding in a vacant apartment a few miles away from where she was shot.
In April 2017, Yatesโ cellmate, Branden Roth, was found dead in the pairโs cell, having been severely beaten with a sock full of batteries. The medical examiner listed Rothโs cause of death as asphyxiation.
Yates was previously ruled competent to stand trial, but his behavior over the past month has given Pima County Superior Court Judge Howard Fell cause for concern, according to an order the judge filed earlier this month.
Last month, after the second of Yatesโ two attorneys withdrew as his counsel, Fell ruled that Yates could act as his own lawyer and explained to Yates that he would have to comply with all the courtโs rules and legal procedures, the order said.
During a volatile July 3 hearing to set a trial date in the case involving Cassandraโs death, Yates made a variety of oral motions, including that Fell remove himself from the case, saying that the judge was biased. Fell told Yates he had to file the motions in writing, after which Yates became angry.
Yates also demanded to see documents from the jail that are being held under a protective order, and when Fell denied his request, Yates accused the judge of violating his constitutional rights.
At one point during the hearing, Yates began yelling and told Fell he was going to sue him. He also said that jail staff was poisoning him.
โWeโre done, youโre going back to jail,โ Fell said, as he attempted to end the hearing, while Yates continued to yell at the judge and Pima County prosecutor Jonathan Mosher.
Before Yates was escorted out, Mosher told Fell that he was beginning to worry about the rights of the victimsโ families, who were in the courtroom watching Yates attempt to direct proceedings.
No trial date was set and a status conference scheduled for July 30 was later vacated.
โThe Court will continue to attempt to communicate with the defendant but will do so only under circumstances in which the defendant can participate civilly, respectfully and without the tumult the Court has been experiencing thus far,โ Fell said in the order, which was filed hours after the July 3 hearing.
Should Yates continue to behave in an unacceptable manner, Fell will explore other remedies, the order said.
Citing Yatesโ erratic behavior, his apparent inability to follow Fellโs instructions or โmodulate his behavior,โ his mood swings, his delusions regarding being poisoned, his history of mental illness and his lack of being prescribed any psychotropic medications despite a past prescription, Fell ordered that Yates undergo another mental-health evaluation to decide if heโs competent to represent himself, or even stand trial, the order said.
โThe Court is concerned that without medication or for other reasons unknown to the Court, that the defendantโs competency has deteriorated to a point at which the defendant is no longer competent to proceed,โ according to the order.
Since signing on as his own lawyer, Yates has filed several hand-written motions with the court, asking that he be released from jail and that his case be reassigned. The motions have been denied.
Fell granted the second exam last week, saying that Yates will be evaluated in upcoming months by two psychologists who will determine if heโs able to understand legal proceedings and assist in his defense.
If they decide heโs incompetent to stand trial, theyโll have to provide the mental disease or defect causing the incompetency, whether thereโs substantial probability that he will become competent within a reasonable period of time and a recommendation for treatment to restore him to competency.
A competency hearing is set for Sept. 10 to review the results.
Yates is scheduled for trial in October in the case involving Rothโs death.
