The man who allegedly gunned down a Mississippi police officer is not competent enough to stand trial, according to a judge’s decision on Tuesday.
Circuit Court Judge Christopher Schmidt ordered Darian Atkinson to remain indefinitely at the Mississippi State Hospital in Whitfield. Atkinson is accused of shooting and killing Biloxi Police Officer Robert McKeithen, 58, in the parking lot of a Biloxi public safety center in May 2019.
During the hearing, doctors from the Mississippi State Hospital testified that Atkinson has been “receiving competency restoration services” since first being admitted in March 2023. Services have included the prescription of antipsychotic medications, individual and group therapy sessions, and “extensive testing to uncover mental illness and determine if Atkinson is fabricating or exaggerating his symptoms.”
Dr. Robert Storer said during testimony that Atkinson suffers from severe mental illness on the schizophrenia spectrum with symptoms including paranoia, delusions with disassociation and hallucinations, cognitive disfunction, and thought disturbance. According to Storer, Atkinson has not been faking any symptoms, and while some of his symptoms have improved, he is not competent enough to understand the charges pressed against him and go through court proceedings.
After testimony from Storer and Dr. Tom Recore, Judge Schmidt found Atkinson not competent to stand trial and not restorable to competency within the foreseeable future. The Harrison County District Attorney’s Office has requested that Atkinson be evaluated annually for competency, and if ever found competent, to be transported to the Harrison County Adult Detention Center to stand trial for capital murder.
Atkinson is accused of killing Officer Robert McKeithen in an ambush-style attack in the parking lot of the Lopez-Quave Public Safety Complex on the evening of May 5, 2019. Through video surveillance, the then-19-year-old Atkinson was identified as the suspect. He was captured in nearby Wiggins after a coast-wide manhunt.
Five others were arrested after Atkinson’s arrest and have pleaded guilty to their roles in either being an accessory after the fact or hindering prosecution: Andre Anderson Sullivan, Joshua Michael Kovach, Davian Lewanika Atkinson, Wanya Toquest Atkinson, and Dalentez Latavian Brice.
Atkinson was originally scheduled to stand trial in September 2020, but due to the COVID-19 pandemic, it was delayed until September 2021. Another continuance was issued due to pandemic-related protocols. In November 2021, the defense filed a motion seeking to have Atkinson’s competency evaluated, in which he was transported to the state hospital. Since then, doctors have consistently reported to the court their belief that Atkinson is not competent enough to stand trial.
District Attorney W. Crosby Parker said the latest ruling is not surprising, but he is “disappointed that we are prohibited by law from prosecuting this defendant at this time.”
“We have previously spoken with Officer McKeithen’s wife and Chief (John) Miller with the Biloxi Police Department about what we anticipated would be the court’s order based upon medical opinions. Although we are extremely disappointed that we are prohibited by law from prosecuting this defendant at this time, we want to make clear that this case is not dismissed,” Parker said, pointing out that the state hospital is a maximum-security facility.
“If ever restored to competency to stand trial for his vicious and heartless murder of Officer Robert McKeithen, our offices will be ready for trial.”
