Dollar General shooting trial delayed again over mental health concerns

At the end of January, Travis J. Green was taking his medication and deemed mentally fit by doctors to proceed toward his criminal trial in Erie County Court.

But since that time, the man accused of firing close to 20 rounds and injuring a man in a shooting outside a Dollar General in Cheektowaga in November 2017 has refused to take his medication at the Erie County Holding Center, where he has spent most of his time in what prosecutors and defense attorneys called “solitary confinement.”

Now, prosecutors and Green’s defense attorneys say, it’s likely he needs to go back to the Rochester Psychiatric Center for further treatment.

Judge Sheila A. DiTullio on Monday ordered Green undergo a mental competency exam after Green’s defense attorneys said the 31-year-old has been suffering “significant decompensation” in recent days, as the start of jury selection for his trial approached.

Prosecutors joined a request by defense attorneys Paul Dell and Amber Poulos to have Green examined. If two doctors with the county Department of Mental Health conclude Green does not currently have the mental capacity to assist in his own defense, he will likely be sent for treatment in Rochester, again putting his trial on hold.

Over the past week, Green has refused visits from his legal team and, when he has agreed to visits, has lacked insight into his own mental health, the facts of the case and what legal choices he has, Dell said.

Individuals in custody at the Holding Center cannot be forced to take medication, according to attorneys on both sides.

“They can’t force the inmates to take the meds, and that’s part of what’s going on here,” Dell said.

On Monday outside the courtroom, Green refused to sit down as he waited to be called before the judge and had his eyes closed as he spoke with his lawyers, Dell said. “He seemed to be just kind of in a trance,” he said. In court, Green stood in restraints between his attorneys with his eyes closed for an extended period.

Green has been accused of coming equipped with two high-powered rifles, body armor and more than 800 rounds of ammunition and firing around 20 rounds outside the Dollar General near French and Union roads on the afternoon of Nov. 14, 2017. One person was injured in the shooting, which was interrupted by what police described as heroic acts by two civilians from a neighboring business. The charges Green faces include attempted murder, attempted assault and reckless endangerment.

Green was arrested not far from the scene on the day of the shooting. Two days later while incarcerated, he was accused of punching a jail deputy, for which he faces a felony assault charge.

According to Erie County District Attorney John J. Flynn, since that time and because of that incident, Green has been held in "solitary confinement" when he’s been housed at the Holding Center, which is run by the Sheriff’s Office.

Both prosecutors and his defense attorneys said they believe those conditions have contributed to Green’s mental status.

“I think, in general, and this is a broader issue, when somebody is committing crimes because of mental health issues, the absolute worst thing that you can do to them is put them in a cage by themselves for 23 hours a day,” Dell said. “ … I think I would lose it, let alone someone that has deep-seeded psychosis to begin with.”

When asked about the conditions under which Green is being held at the Holding Center, Scott Zylka, a spokesman for the Sheriff’s Office, said the facility “does not have ‘solitary confinement.’ ” Zylka said Green has been placed in “an appropriate housing unit due to violent incidents involving staff and other inmates throughout his incarceration.”

Green is monitored by mental health staff and is offered “the appropriate number of hours of ‘out of cell,’ " which Zylka said is “significantly more than one hour,” while being given access to recreation and other “essential needs.” Zylka declined to answer further questions about Green’s incarceration.

Green was scheduled to go to trial in the fall of 2018, but was deemed incompetent to proceed. His court case resumed at the end of January.

A medical expert hired by the defense has concluded Green suffers from long-standing mental illness and is not responsible for his actions at the time of the shooting, Dell said.

An expert for the prosecution has found Green has some mental health issues and will argue Green was responsible for his actions at the time, the district attorney has said.

Dell said his client was doing relatively well upon his return from treatment in Rochester and was well-liked by staff there. “That place is a good fit for him,” Dell said, noting that should his client be found not guilty by reason of mental disease or defect, he may end up at that facility.

Green's mother was among a few friends and relatives in the courtroom. “We love you, Travis," Viola Green said as her son was escorted from the courtroom. "I'll see you soon."

The judge requested the evaluations of Green be completed and reports delivered to the court by Dec. 20. If doctors find him incompetent to proceed, the trial would be delayed indefinitely.

The district attorney said he understands the need for "solitary confinement" in cases where the safety of deputies or other inmates may be at risk. Should any treatment go well and Green be deemed competent again, Flynn said it would be imperative the trial start right after Green’s return.

“I can’t have him put back in solitary confinement now and have him go backslide again,” Flynn said.

Flynn said he was not aware if there exist any options for special conditions that could be implemented in a case like this, but added he would talk with Sheriff Tim Howard.