King Yates

A Tucson man accused of killing his wife and later his jail cellmate will act as his own lawyer in the first of his two upcoming murder trials.

King Yates’ competency has been called into question several times since the November 2016 shooting death of his wife, Cassandra Yates. Following the April 2017 asphyxiation death of his jail cellmate, Branden Roth, Yates fired two attorneys and acted erratically in court on more than one occasion.

Yates passed his initial competency exams, but in response to Yates’ questionable behavior, Judge Howard Fell ordered Yates to undergo a second exam in July 2018 to determine if he was competent to represent himself or even stand trial.

In November 2018, Yates was ruled incompetent on both fronts and ordered to participate in the jail’s Restoration to Competency program. Fell appointed Tucson attorney Bobbi Berry to take over Yates’ defense in the interim.

In May, doctors with the jail program sent a report to the court, saying Yates had been found competent and was ready to proceed without medication.

Two months later, Fell scheduled a third competency hearing for October to determine if Yates was competent to proceed and to represent himself, which Yates had continued to request.

During the all-day hearing on October 14, the courts heard testimony from two doctors. Fell also reviewed reports from five doctors and previous trial transcripts.

On Nov. 18, Fell ruled that Yates was competent to stand trial, saying that he β€œmaintains a factual and rational understanding of the proceedings around him” and can assist his attorney.

Fell ruled on Monday, Dec. 9, that Yates could represent himself in court, but said that Berry will continue to serve as Yates’ advisory counsel. In a previous hearing, Fell had expressed concern that the case could be further sidelined if Yates began the trial representing himself, but found that it was more than he can handle. Should this occur, Berry will be poised to continue the case as Yates’ lawyer.

The four-day trial is set for February 3. No date has been set for the trial in connection with Roth’s death.


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Contact reporter Caitlin Schmidt at cschmidt@tucson.com or 573-4191. Twitter: @caitlincschmidt