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Hearing held for Charles Davis II

A mentally ill man who stabbed a co-worker to death at a Minot hotel in March 2011 is now seeking to be discharged from state supervision.

Charles Lee Davis II, 37, was found not guilty, by reason of lack of criminal responsibility, in the death of Donald Flowers, 48, of Wichita Falls, Texas. Flowers was found stabbed to death in a conference room reserved for Halliburton employees at the Candlewood Suites in Minot on March 12, 2011. Both Davis, who was from Trinity, Texas, and Flowers were Halliburton employees and were working in the conference room at the time.

Witnesses identified Davis as the assailant. After he stabbed Flowers with a knife, Davis fled the hotel, stole a vehicle and drove south on U.S. Highway 83, which had been closed due to a winter storm. Davis and the stolen car were located later that day in Burleigh County. Davis told officers he had no recollection of how he had gotten there.

In 2012, the court committed Davis to the North Dakota State Hospital in Jamestown for treatment. The judge ruled that Davis is mentally ill and found that there was a substantial risk that he might commit another violent crime. In 2013, Davis was approved for conditional release from the State Hospital under the supervision of the South Central Human Service Center.

On Thursday, during a hearing before North Central District Judge Stacy Louser, Davis’s attorney, Richard Edinger, argued that Davis should now be discharged from supervision by the South Central Human Service Center.

Dr. Krislea Wegner, a psychologist with Wegner Psychological and Therapeutic Services, testified that Davis, who has schizophrenia, has been stable for years. He is aware of his mental illness and the need to continue taking medication to control the condition, she said. He has self-administered his needed medication for several months, has obtained a job with insurance benefits and has been regularly seeing both a psychiatrist and psychologist as required by the court. He also has sought treatment through the Veterans Administration. Davis proposes that he will continue to seek treatment through the Veterans Administration if he is discharged from supervision.

Wegner testified that Davis’s family moved to Jamestown to be with him and he also sought permission to leave the state to vacation in Texas during the last year. He has required little to no direct supervision. Wegner testified that she interviewed Davis about four times over the past year. She believes he is at low risk to stop taking his medication and at low risk to commit another violent crime.

Dr. Lynne Sullivan, a North Dakota State Hospital staff psychologist, testified that she was not able to interview Davis in person, but she reviewed his records. She said he appears to be doing extremely well, is high functioning and is stable. She also believes that he is at low risk to commit another crime if he is discharged from supervision by the South Central Human Service Center.

Both experts said the plan for Davis’s psychiatric and psychological treatment to be taken over by the Veterans Administration staff is appropriate. Davis is a military veteran.

State’s attorney Rozanna Larson asked Louser to modify the proposal. The modified order would grant the motion for Davis’s care to be taken over by the Veterans Administration, with the condition that his therapist immediately notify the South Central Human Service Center if there is any indication that Davis has stopped taking his medication or that his mental condition is deteriorating.

Edinger opposes the state’s proposal. He said the statute requires that his client be discharged from supervision if it is shown, by a preponderance of the evidence, that he is no longer likely to commit a crime.

Louser told both lawyers to submit briefs arguing their positions within the next two weeks. She will issue a ruling later.

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