Joseph Underwood

A Park County Circuit Court judge was right to halt the case against a murder suspect until his competency could be evaluated, the Wyoming Supreme Court ruled last week.

Thursday’s opinion settled a fairly esoteric legal question, about whether circuit court judges can evaluate the competency of defendants facing felony criminal charges or whether an evaluation must wait until the case reaches district court. However, the question added significant complications to the criminal case being brought against Joseph C. Underwood.

The 48-year-old former Cody resident is alleged to have killed his ex-girlfriend in Cheyenne, had sexual contact with her corpse and then dumped her body south of Cody in November 2019.

Underwood was initially charged in Laramie County with first-degree murder and other crimes connected to the killing of 40-year-old Angela Elizondo. However, after two experts found Underwood was not competent to stand trial, then-Laramie County District Attorney Leigh Anne Manlove dropped the case last year.

Park County Attorney Bryan Skoric then opted to prosecute Underwood on two felony and two misdemeanor counts tied to his actions here. One felony count relates to Underwood’s alleged disposal of Elizondo’s body in Park County, the other relates to an allegation that Underwood had a gun, despite having been barred from possessing firearms because of a prior felony conviction. The misdemeanors related to his alleged flight from and multi-hour standoff with local law enforcement officers who caught him at the scene.

Soon after Underwood was returned to Park County in July 2022, Circuit Court Judge Joey Darrah paused the case. He later wrote that, “significant concerns have arisen indicating that Mr. Underwood is in fact incompetent to proceed.”

However, the Park County Attorney’s Office objected to Darrah ordering an evaluation, contending it could only be done in district court; prosecutors pointed to a 2018 decision from Park County District Court Judge Bill Simpson, who ruled that only the court that will try the case can rule on a defendant’s competency.

Darrah disagreed and ordered an evaluation for Underwood last August. The judge noted that circuit courts hold “critical” preliminary hearings in felony cases, determining whether there’s enough evidence for the case to even advance to district court.

“This court cannot guarantee that the defendant’s rights implicated in the preliminary hearing process are protected if it has concern that he may not be legally competent to assist his counsel in the preparation for it and the attendance at it,” Darrah wrote in a 23-page decision.

The question of the circuit court’s authority ultimately was forwarded to the Wyoming Supreme Court. After roughly more than eight months of proceedings, briefings and oral arguments, the court issued a seven-page decision that found any judge can consider a defendant’s competency at any time.

Writing for the unanimous court, Justice Lynne Boomgaarden noted a Wyoming law that says cases must be paused if the accused appears unfit to proceed at “any stage of a criminal proceeding.”

That language, “with no limitation on which ‘court’ may address competency, ensures that a defendant’s ability to consult with and assist counsel at the preliminary hearing — a critical stage of the proceeding — is secured,” Boomgaarden wrote.

The opinion states that a preliminary hearing was held and Underwood’s case was bound over to district court, but that is incorrect, as the hearing remains on hold and the case is still pending in Park County Circuit Court.

In December, a psychologist retained by the Wyoming State Hospital concluded that Underwood was competent to stand trial, differing from the findings in the Laramie County case. A second evaluation was requested by Underwood’s defense attorney and the parties are currently awaiting that second opinion.

If Underwood is found to be competent, and if a jury were to find him guilty beyond a reasonable doubt on all counts, he would face up to 14 1/2 years in prison. Underwood has remained in custody since his initial arrest outside Cody on Nov. 2, 2019. His bail is set at $500,000.

Underwood has a history of mental health problems and criminal conduct. That included a 2014 incident in which he threatened his soon-to-be ex-wife and a family member with a gun in Cody; a standoff with police followed, culminating with Underwood shooting himself in the head. His competency was questioned in that case, but an evaluation found he was fit to proceed. Underwood completed his sentence about 10 months before Elizondo’s murder.