Kidnapping suspect accused of killing Dallas 4-year-old to undergo competency evaluation

The man accused of kidnapping a 4-year-old boy from his crib in Dallas and stabbing him to death is ordered to undergo a competency evaluation. 

The attorney for Darriynn Brown says this is a key first step in representing his client. But he’s also frustrated by the lack of progress in pushing this case forward. 

Defense attorney Heath Harris is representing 18-year-old Darriynn Brown. He is facing several charges, including capital murder and kidnapping, for allegedly snatching 4-year-old Cash Gernon from his crib on May 15 and stabbing him to death. He was staying with a family nearby.

The boy’s body was discovered by a morning walker lying in the street.

Harris requested a mental health evaluation of Brown and a judge signed off. It needs to be completed within 30 days.

Harris says it's a step in the right direction but points out it's going on two months and the capital murder case has yet to be filed, meaning he can’t yet access evidence obtained by law enforcement to help him defend his client. 

"He has at least six or seven cases. The only thing they’ve filed is evading," he said. "I don’t need information on evading. I need discovery on the alleged capital murder, on the burglary of a habitation with intent to commit a felony, on kidnapping. I need the discovery so I can do my job."

Dallas police say they’ve turned everything over to the DA’s office, and that’s where the case sits. A spokesperson says the case is under review but for now is in the early stages. The office won’t comment further before seeking an indictment. 

Former Dallas County prosecutor turned defense attorney Toby Shook is not on this case.

"It’s a little unusual for it to take this long for the DA’s office and the DA’s office to be ready," he said. "But you do see the delays sometimes with more complicated cases."

Harris says there’s much he hopes to eventually learn, especially about videos that have surfaced from in and around the house where the 4-year-old was staying.

Court documents say one surveillance camera from inside the boy’s room shows Brown taking the child and appearing to leave the room. But Harris says because he can’t access the rest of the evidence, he does know if there were other cameras in the home and what they may have captured. 

"Is there only one video? Because of his mental health, I don’t know if someone may have led him into the room to take the child. Out of the room, not out of the house. So that’s why I want to know where are the other videos," Harris said.

Shook points out the DA’s office has 90 days from the arrest to seek an indictment, so he expects we will see some movement in the case fairly soon.

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