A Fallon man will remain in custody at a Reno-area maximum security psychiatric facility for another year until he returns to the Tenth Judicial District Court in Fallon for another proceeding on his competency.
A competency hearing was held last week for John O’Connor, a 52-year-old Fallon man charged with a July 2018 murder of a fellow church member. Senior District Court Judge William A. Maddox proceeded over the hearing in place of Judge Thomas Stockard, who indicated there could be a possible conflict of interest.
The latest report from Lake’s Crossing in Sparks indicates O’Connor’s mental condition hasn’t changed since the last competency hearing conducted one year ago.
Deputy District Attorney Chelsea Sanford acknowledged the finding of the report as written by a team of a psychiatrist and two psychologists. In the initial report released in 2019, a team of doctors concluded O’Connor wouldn’t be able to assist in his own defense. Maddox then vacated a trial for the Fallon man.
Defense attorney Richard Davies said the latest report from Lake’s Crossing is consistent with the other released reports.
“They weave a pattern of what we’ve seen from the beginning of this case,” Davies said.
In attendance during last week’s proceeding were two of the adult children of Charles “Bert” Miller.
According to the initial charges, O’Connor is accused of one count of murder and one count of battery with substantial harm after fatally shooting Miller with a handgun during a sacrament meeting on July 22, 2018, at the Church of Jesus Christ of Latter-day Saints on East Richards Street. A criminal complaint also charged O’Connor with shooting Miller’s brother, Duane Miller, with a handgun causing prolonged physical pain. The third count facing O’Connor is assault with a deadly weapon when he allegedly aimed his handgun at another church member.
Davis said the doctors at Lake’s Crossing have determined O’Connor is not competent and suffers from disillusionment. This, said Davis, prevents O’Connor from aiding in his defense.
“A lot of emotion is attached to this case,” Davies said.
Davies said there’s a gray area in Nevada law that could lead to a conditional release, but he said many steps would be involved with input from the doctors and the district attorney’s office. During the hearing last year, Lane Mills, chief deputy district attorney, said the state would refile murder charges if O’Connor was judge competent to stand trial.
According to Davies, O’Connor will remain at Lake’s Crossing for up to 10 years with annual hearings. Davies said the district attorney’s office can request another five years. Mills, though, said in 2021 a determination to add five more years to that could consist of a total of 20 years.
