The Gazebo Gazette
GULFPORT (GG) — On Tuesday, March 25, 2025, Circuit Court Judge Christopher Schmidt held a second competency hearing earlier for Darian Atkinson, the man accused of killing Biloxi Police Officer Robert McKeithen on May 5, 2019. During the hearing, doctors from the Mississippi State Hospital at Whitfield testified that Atkinson has been receiving competency restoration services since he was admitted to the State Hospital in March of 2023. During that time Atkinson has received antipsychotic medications, individual and group therapy sessions, and extensive testing designed to uncover mental illness and determine if Atkinson is fabricating or exaggerating his symptoms.
Dr. Robert Storer testified that Atkinson suffers from severe mental illness on the schizophrenia spectrum. Atkinson’s symptoms include paranoia, delusions with disassociation and hallucinations, cognitive dysfunction, and thought disturbance. According to Dr. Storer, these symptoms are extremely hard to fake, and Storer does not believe Atkinson is faking or exaggerating his symptoms. Atkinson’s symptoms have improved since his admission to Whitfield, but Dr. Storer testified that Atkinson’s symptoms continue to prevent him from understanding the nature of the charges and proceedings against him, and render him unable to assist his counsel with his defense, recall relevant facts, or testify in his own defense. Further, Dr. Storer testified that he does not believe Atkinson can be restored to competency with continued treatment in the foreseeable future.
Dr. Storer recommended that Atkinson be committed to the State Hospital indefinitely, continue to receive restorative services, and be periodically evaluated for competency.
Dr. Tom Recore, Medical director of the Mississippi Department of Mental Health, testified that while at Whitfield, Atkinson is classified as the highest security risk and will be confined to the maximum security unit on property. As a maximum security patient, Atkinson is confined to his room/cell for 12 hours a day, takes his meals in his room/cell, and with the exception of emergency medical treatment at an area hospital, Atkinson would not leave the maximum security housing unit.
After hearing testimony from Dr. Storer and Dr. Recore, Judge Schmidt found Atkinson not competent to stand trial and not restorable to competency within the foreseeable future. Then, the Circuit Court Judge entered an order committing Atkinson to the Mississippi State Hospital at Whitfield, until such time as he is restored to competency. The District Attorney’s office has requested that Atkinson is to be evaluated annually for competency, and if he is ever restored to competency, Judge Schmidt has ordered that the Court and District Attorney’s Office be notified, and that Atkinson be immediately transported to the Harrison County Adult Detention Center in Gulfport, Miss. to stand trial for Capital Murder.
Darian Atkinson is accused of killing Biloxi Police Officer Robert McKeithen in an ambush style attack in the parking lot of the Lopez-Quave Public Safety Complex on Porter Avenue, on the evening of May 5, 2019. Through video surveillance, then nineteen year-old Atkinson was identified as the suspect. Following an intense manhunt, Atkinson was arrested in Wiggins, MS on May 9, 2019.
The case was investigated by the Gulfport Police Department who along with the District Attorney’s Office that worked quickly to present the case to the grand jury. An indictment on the charge of Capital Murder returned against Atkinson on November 11, 2019. Atkinson had his arraignment on December 5, 2019, and the case was originally set for trial for September 21, 2020.
Atkinson’s defense team quickly filed a motion for a psychiatric evaluation questioning Atkinson’s competency to stand trial.
Following psychological evaluations by experts for both the State and defense and a competency hearing on May 21, 2020, the Court initially found Atkinson competent to stand trial. However, due primarily to the COVID pandemic, the case did not proceed to trial as schedule, but was reset several times. The Court heard pretrial motions in the case on May 11, 2021 and the trial was set to begin in September of 2021, with both the prosecution and defense anticipating announcing ready for trial.
Shortly before the September trial date, the case was again continued due to COVID related protocols promulgated by the Mississippi Supreme Court.
In November of 2021, the defense filed a motion seeking to have Atkinson’s competency re-evaluated arguing that his mental status had deteriorated since the Court’s competency ruling in May of the previous year. The Court granted the defense motion for a second psychiatric evaluation, and at that time, doctors for both the defense and State questioned Atkinson’s competency to proceed to trial and recommended competency restoration services at the Mississippi State Hospital at Whitfield.
On January 13, 2022, the Court ordered Atkinson to be transported to the State Hospital for restorative services. However, due to the statewide backlog of persons awaiting psychiatric services at the State Hospital, Atkinson was not transported until March 9, 2023. While at the State Hospital, Atkinson was evaluated for competency approximately every ninety days and the status reported to the Court.
His last evaluation was in November of 2024, at which time doctors determined he was not competent to stand trial and not restorable within the foreseeable future.
“We have previously spoken with Officer McKeithen’s wife and Chief Miller with the Biloxi Police Department about what we anticipated would be the Court’s order based upon the medical opinions,” said District Attorney W. Crosby Parker. “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. As Dr. Recore, Medical Director for the Mississippi Department of Mental Health, stated, although this Defendant is not able to be restored to competency at this time, this Defendant will be in custody in the Mississippi State Hospital’s maximum security facility. The District Attorney’s office will continue to request that the Defendant be periodically assessed for competency. If ever restored to competency to stand trial for his vicious and heartless murder of Officer Robert McKeithen, our office will be ready for trial.”
“The men and women of the Biloxi Police Department are saddened by the news that Darian Atkinson has been deemed incompetent to stand trial for the brutal and senseless murder of Officer Robert McKeithen,” expressed Biloxi Police Chief John Miller. “Although disappointed, our trust in the judicial system is fervent and our faith in the Harrison County District Attorney’s to pursue justice for Officer McKeithen and his family is resolute.”
All five men accused of assisting Atkinson following the murder of Officer McKeithen have previously plead guilty to their charges and been sentenced. Andre Anderson Sullivan plead guilty to Accessory After the Fact to Capital Murder on December 2, 2019, and on March 7, 2022 was sentenced to twenty (20) years to serve in the custody of the Mississippi Department of Corrections.
Dalentez Latavian Brice plead guilty to Hindering Prosecution of a Felon on May 18, 2020, and on February 24, 2021, was sentenced to fifteen (15) years in the custody of the Mississippi Department of Corrections, with eight (8) years suspended, leaving seven (7) years to serve, followed by five (5) years of post-release supervision.
Joshua Michael Kovach plead guilty to Accessory After the Fact to Capital Murder on May 18, 2020, and on March 8, 2022, was sentenced to twenty (20) years in the custody of the Mississippi Department of Corrections, with ten (10) years suspended, leaving ten (10) years to serve, followed by five (5) years of post-release supervision.
Davian Lewanika Atkinson plead guilty to Accessory After the Fact to Capital Murder on March 7, 2022, and was sentenced to Twenty (20) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended, leaving fifteen (15) years to serve, followed by five (5) years of post-release supervision.
Wanya Toquest Atkinson also plead guilty to Accessory After the Fact to Capital Murder on March 7, 2022, and was sentenced to Twenty (20) years in the custody of the Mississippi Department of Corrections, with ten (10) years suspended, leaving ten (10) years to serve, followed by five (5) years of post-release supervision.
As part of their respective plea agreements, Sullivan, Brice, Kovach, and Wanya Atkinson all agreed to testify truthfully if called by the State in the trial of Darian Atkinson.
