Murder suspect’s competency hearing delayed until March

Posted 11/24/23

A competency hearing for a former Cody resident who allegedly murdered his ex-girlfriend has been pushed to early spring.

Joseph C. Underwood’s competency has been in question since …

This item is available in full to subscribers.

Please log in to continue

E-mail
Password
Log in

Murder suspect’s competency hearing delayed until March

Posted

Acompetency hearing for a former Cody resident who allegedly murdered his ex-girlfriend has been pushed to early spring.

Joseph C. Underwood’s competency has been in question since November 2019, when he was allegedly caught trying to dispose of his ex’s body south of Cody. Investigators concluded that Underwood had killed the 40-year-old woman, Angela Elizondo of Cheyenne. 

The homicide occurred in Laramie County and prosecutors there charged Underwood with first-degree murder and other crimes. However, two experts found Underwood was not competent to stand trial, prompting then-Laramie County District Attorney Leigh Anne Manlove to drop the case in 2022.

Park County then filed its own, lesser charges related to Underwood’s alleged actions here: A felony count relating to the disposal of Elizondo’s body, another felony relating to an allegation that Underwood possessed a firearm while a felon and misdemeanor counts for fleeing from law enforcement and resisting law enforcement officers who caught him.

Shortly after Underwood arrived back in Park County, Circuit Court Judge Joey Darrah put the case on hold, as “significant concerns have arisen indicating that Mr. Underwood is in fact incompetent to proceed.” The judge ordered an evaluation.

The case became more complex when Park County Attorney Bryan Skoric argued that only the district court — which would ultimately hold the trial in the case — could rule on Underwood’s competency. But the Supreme Court sided with Darrah in June, saying the law directs judges to evaluate a defendant’s competency any time they appear unfit to proceed.

A psychologist retained by the Wyoming State Hospital has concluded Underwood is competent, but the defense obtained a second opinion from one of the experts who’d found Underwood incompetent in the earlier Laramie County murder case.

Darrah was set to hear from the experts on Oct. 27, but it was scrapped after the defense’s expert had a scheduling conflict. Darrah then reset the competency hearing for March 27.

In a letter to the court last week, Underwood expressed confusion about the delay and asked Darrah to hold a hearing about his defense attorney’s decision to request a continuance.

The charges pending against Underwood in Park County carry a combined maximum sentence of 14 1/2 years in prison. He’s been in custody since November of 2019 and has already served nearly 1 1/2 years on the Park County charges, having been unable to post a $500,000 bond since his transfer to Cody in July 2022.

Comments