John Kelly O'Connor (51) appeared before Judge William Maddox in the Tenth Judicial District Court on Tuesday, September 7, on charges of the murder of Charles "Bert" Everett Miller.
The charges in the case stem from the devastating events that occurred on July 22, 2018, when O'Connor entered the Richards Street Building of the Church of Jesus Christ of Latter-Day Saints at 750 W. Richards Street in Fallon while hiding a handgun under his shirt. Upon entering the church during Sacrament Meeting, he then shot Bert Miller (age 61) several times using a concealed firearm. O'Connor also shot Duane Miller (age 64), who survived the shooting, and aimed the gun at Mike Whitaker, also in attendance, but did not fire upon him.
O'Connor, who has been facing First Degree murder and other charges, has been in residence at Lakes Crossing Center in Sparks, Nevada. Lakes Crossing aids the courts when determining a defendant’s mental competency to stand trial is in question. O'Connor has undergone lengthy and comprehensive forensic psychiatric evaluation and treatment since shortly after his arraignment in February 2019.
Judge Maddox stated that the reports from Lake Crossing indicate that while O’Connor may be able to understand the trial proceedings, he is also suffering from delusions that deem him unfit to stand trial.
According to Maddox, Lake's Crossing psychiatric staff concluded that O’Connor is legally incompetent for the purpose of standing trial and is unable to aid his own defense, rights which are guaranteed under the U.S. Constitution. Further, it was determined that he would not be able to meet the competency guidelines in the foreseeable future, if at all.
In addition to his competency status, O’Connor, demonstrates several risk factors – both historical and present, suggesting that he is easily capable of and violent episodes, even potentially lethal ones. His evaluation stated that he may be a danger to himself and should not be released. Additionally, O’Connor appears to have poor insight into his illness, and it is unlikely that his condition will be reversed.
Richard Davies Esq., counsel for O’Connor addressed the court stating that his client is responsible for his actions within the community and must live with his own conscience. Davies told the court that he does not oppose the state filing for civil commitment because there is no defense against O’Connor to continue to remain in custody at Lake’s Crossing.
O’Connor was asked if he would like to address the court, but he refused to offer any response.
Based on statements from both the State and defense counsel, along with the recommendations from Lakes Crossing, Judge Maddox ruled O’Connor incompetent to stand trial now or in the foreseeable future. Further, he believes O’Connor remains a danger to himself and others and requires forensic monitoring.
O’Connor will be remanded to the custody of Lakes Crossing, and the next hearing is scheduled for August 30, 2022. Specifically, "the Court found by clear and convincing evidence and beyond a reasonable doubt that the Defendant is incompetent with no substantial probability in obtaining competency in the near future; that the Defendant has a mental disorder; that the Defendant is a danger to himself and others; and that the Defendant requires supervision in a forensic facility. The Court ordered the Defendant to be committed to Lakes Crossing. The Court ordered the Defendant to have a yearly hearing to determine competency and if he remains a danger to society and set the next hearing for August 30, 2022, at 1:30 p.m."
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