Joseph Underwood

Circuit Court Judge Joey Darrah has determined a need for a competency evaluation before the trial of Joseph Underwood continues.  

Darrah released a written decision on Aug. 24 which outlined why he believed a competency evaluation was necessary before proceeding with a preliminary hearing. Underwood is facing charges stemming from his alleged disposal of Angela Elizondo’s body outside of Cody in 2019. Elizondo’s cause of death was determined to be strangulation which took place in Cheyenne. Underwood’s charges of first degree murder, two counts of felony strangulation and misdemeanor stalking in Laramie County were dismissed after evaluations found Underwood not competent to stand trial and unlikely to regain competency.

In Park County, Underwood is charged with mutilating or disposing of a dead human body to conceal a felony offense. He also faces charges of possession of a firearm by a convicted felon, interference with a peace officer and fleeing or attempting to elude police.  

Following a  hearing on Aug. 17, Darrah promised to release a written decision on whether he would allow a preliminary hearing prior to a competency evaluation.

Darrah’s concerns that proceeding with a preliminary hearing were first raised in a hearing on July 21, when he debated with county attorney Bryan Skoric as to whether a 2015 case holds precedence as to whether Underwood could be bound to district court before his competency is determined.

During the Aug. 17 court appearance, Underwood appeared virtually and was represented by Tim Blatt. Park County was represented by Deputy County Attorney Jack Hatfield.

Blatt reiterated that Underwood should not proceed without his competency being considered. He mentioned the two reports from Laramie County which ruled Underwood incompetent, the second saying that his competency is unlikely to be restored within a reasonable timeframe for a trial.

“I have no reason to believe that’s changed in the three months since that’s been completed,” Blatt said. 

Blatt also addressed concerns that he had been unable to effectively discuss the case with Underwood, which would affect Blatt’s ability to represent him. 

During the briefing Judge Darrah also mentioned the unique situation of having two recent competency evaluations that indicate Underwood may not be fit to stand trial.

Hatfield argued that under the precedent Underwood is being tried, the decision regarding Underwood’s competency is not the circuit court judge’s to make. In Hatfield’s opinion the 2015 case considered the individual’s constitutional rights, which he said will be upheld in district court where District Court Judge Bill Simpson will decide if Underwood is fit to stand trial.

“Please conduct the preliminary hearing so that we don’t have to keep him in jail any longer than necessary,” Hatfield said. 

The 23-page decision filed by Darrah references the impact of the 2015 precedent, Richter vs. State, which holds that the decision to grant a competency hearing belongs to the court of “original jurisdiction” which in that case was district court because the defendant was charged with a felony. In the written decision Darrah notes that Underwood is charged with both misdemeanors and felonies and also acknowledges that unlike the precedent, Underwood had already been ruled unlikely to regain competency following a recent trial in a separate court.

The written decision also references circuit court’s jurisdiction over misdemeanor cases under Wyoming statute as well as the circuit court’s jurisdiction over cases pending a preliminary hearing, the defendant’s right to competency during all portions of the trial, which according to the written decision is described in “clear and unambiguous language” in the statute, and Underwood’s prior competency evaluations, as well as two letters to the court. The first letter requested Blatt’s removal from counsel and the second letter written four days later requested that Blatt stay as Underwood’s counsel. 

According to the order for evaluation Underwood will be seen “as soon as practicable” by a designated examiner.