State drops murder charge against 98-year-old St. Johns County woman found mentally incompetent

October 14, 2013

Prosecutors have finally dropped murder charges against a 98-year-old woman who was found mentally incompetent to stand trial over a year ago. In doing so, Amanda Stevenson now has access to her retirement benefits that had been suspended due to pending charges and those funds can be used for a private long-term care facility where she can live, according to a report in the Florida Times-Union. The back and forth in this St. Johns County Murder Case highlights the fact that a case doesn't just end once a person is found to be mentally incompetent to face the charges.

Stevenson was charged with second-degree murder in the 2011 shooting death of her nephew, with whom she had an ongoing dispute, the newspaper reported. A year later, Stevenson, who suffers from dementia, was found incompetent, but remained in jail while state agencies went back and forth as to who would be able to take care of her. In May, she was finally released from jail and placed in a mental health facility under the care of the state Department of Children and Families, the newspaper reported. In the motion dropping the charges, two doctors agreed that Stevenson was not going to regain mental competency, likely because of the stage of her dementia and her age, the newspaper reported. In many St. Johns County Murder Cases where mental competency is at issue, the person will be periodically evaluated to determine if competency can be regained - possibly through counseling or medication. The murder charge was punishable by up to life in prison. At 98, practically any sentence amounts to life in prison in this St. Johns County Murder Case.

But, as all of the legal wrangling was working itself out, her retirement benefits were frozen until the charges were formally dropped, the newspaper reported. Different pension and retirement plans operate differently. In terms of social security, payments are only supposed to be suspended when a person is convicted of a felony, not simply charged. But many state plans, for retired teachers or other state workers for example, and disability payments can be suspended once a person is jailed on charges. Part of the argument is that state and federal disability benefits are used to pay for living expenses and, if the person is incarcerated, the state is paying to take care of the person - regardless of whether or not the person has been convicted. Mental competency can be a serious issue, especially in St. Johns County Murder Cases, and the courts have complicated standards as to when a person is mentally able to stand trial - and when he or she is not. Our St. Johns County Criminal Defense Attorney can have your loved one evaluated by a mental health professional and present those findings to the court, if deemed necessary.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Murder Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.