1/4 Case: 45CI1:20-cr-00304-JR Document #: 16 Filed: 09/30/2020 Page 1 of 5

IN THE CIRCUIT COURT OF MADISON COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI IL
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fv,ADisoNcouNT,

VS. SEP 30 220 CAUSE NO. 2020-0304(R)

ANITA VVRAY, C JIT CLERK
BY D.C.
DACODA AMBER RAY DEFENDANT

ORDER FOR MENTAL EVALUATION AND TREATMENT

This cause having come before the Court on issues regarding the potential mental

status of DACODA AMBER RAY, Defendant, and the Court, in accordance with Mississippi

Rules of Criminal Procedure Rule 12.2 and other applicable laws and rules, does hereby

finds:

The Attorney for the defendant has filed a Motion for Mental Examination. Further, the

State as attested by the prosecutor's signature below, agrees to this order based on

reviewing the evidence and matters in the discovery including but not limited to the alleged

actions of the defendant regarding the circumstances of the subject allegations, the actions

of the defendant post arrest, and the actions of the defendant pre-trial detainment.

However, the State while agreeing to this order is in no way conceding that the defendant

is incompetent nor insane at the time of the alleged events, however, does agree that

enough circumstances warrant an examination. Therefore based on the reasons stated,

the Court finds that there is reasonable ground to believe that the Defendant may be

incompetent to stand trial and does therefore order that Defendant undergo a mental

evaluation by the Forensic Services Unit of the Mississippi State Hospital at Whitfield,
 Case: 45CI1:20-cr-00304-JR Document #: 16 Filed: 09/30/2020 Page 2 of 5

Mississippi or as directed by such other competent psychiatrist that may be selected or

allowed by the Court in accordance with Miss. Code Ann. §99-13-11(1972, as amended).

IT IS, THEREFORE, ORDERED that the Defendant be given a mental evaluation

for the purpose of determining: (a) whether Defendant is mentally competent to stand trial

or will become so within the foreseeable future; and, (b) if Defendant is not competent,

then whether progress toward that goal is being made; and (c) whether the Defendant has

present ability and understanding to both consult with her attorney and help with his

defense and (d) to describe Defendant's mental state at the time of the alleged offense(s)

with respect to Defendant's ability to know the nature and quality of her alleged acts and

to know the difference between right and wrong in relation to her alleged acts at that time.

IT IS FURTHER ORDERED that a written report on such issues shall be furnished

to the Court, defense counsel, and prosecution within sixty-five (65) days of Defendant's

evaluation and, if Defendant is admitted for treatment or further testing or observation, then

within every four (4) months thereafter. If at any time during such period of treatment the

proper official at the Mississippi State Hospital or other appropriate facility considers that

the Defendant is competent to stand trial, such official is directed to promptly notify the

Court, defense counsel, and prosecution of such in writing and to place the Defendant in

the custody of the sheriff.

IT IS FURTHER ORDERED that the Defendant is to receive any and all medically

necessary treatment while at the Mississippi State Hospital at Whitfield or other designated

facility, whether the Defendant shall consent to such treatment or not, and authorization

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for such treatment is hereby specifically given and confirmed.

IT IS FURTHER ORDERED that any medical, psychiatric, psychological,

educational, dependency/addiction, and employment privileges of the Defendant are

waived and any and all records of the Defendant that may be potentially relevant to the

evaluation of Defendant are hereby ordered and directed to be obtained, released, and

provided to the staff of Forensic Services of Mississippi State Hospital at Whitfield or such

other facility as may be designated by the Court, to aid and assist in said evaluation and/or

treatment of the Defendant.

IT IS FURTHER ORDERED that counsel for the Defendant and/or prosecuting

counsel and jail officials shall promptly prepare and furnish to the professional staff at said

facility the following:

A copy of this order and any and all related motion(s), exhibit(s) and

materials;

A completed Patient Information Form if and as provided by the

Mississippi State Hospital at Whitfield or other designated facility;

Information concerning the alleged crime(s), including: the Discovery

Materials; Indictment; name(s) of the charge(s); date(s); accounts of

the alleged crime(s) including investigators' report(s); arrest report(s);

any statements made by witnesses, victims, and Defendant; and all

relevant medical/psychiatric/psychological records, and if requested,

all educational and employment records;

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A copy of the report and file of any psychiatric/psychological expert

providing any previous opinion or evaluation of the Defendant;

A statement from a jail representative describing the Defendant's

behavior in jail, and copies of any and all jail records relating to

behavior, status, incidents, treatment, and medication during

Defendant's period of incarceration;

A copy of the Defendant's prior local arrest record and N.C.I.C. or

F.B.I. Identification report; and,

Names and contact information of at least two (2) family members or

friends who may be contacted to obtain a more detailed personal and

social history of the Defendant.

IT IS FURTHER ORDERED that, upon arrangements being made for this

evaluation, the Sheriff or his lawful Deputy shall transport the Defendant to the Forensic

Services Unit at the Mississippi State Hospital at Whitfield, Mississippi, or other facility as

may be designated, and at the conclusion of the evaluation and/or treatment, said Sheriff

or his lawful Deputy is further ordered to transport said Defendant back to this county or

such other location as may be designated by the Court, with all expenses related to this

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evaluation and transport to be borne by the Treasury of this County.

SO ORDERED this the got,,e day of September, 2020.

PREPARED BY AND GREED 0:

SCOTT ROGILLIO, Assistant District Attorney

AGREED TO:

HEATHER ABS', Attorney for Defendant

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Case: 45CI1:20-cr-00304-JR Document #: 1 Filed: 08/10/2020 Page 1 of 2
F L
MADISON COUNTY,

AUG 0 5 2020 ,
ANITA AY, CIRCUIT CLERIC
INDICTMENT BY
D.C.

STATE OF MISSISSIPPI

VERSUS CAUSE NO. 262,0-030Y—

DACODA AMBER RAY DEFENDANT

Indictment for the offense of:

SEXUAL BATTERY
Miss. Code Ann. §97-3-95

IN THE CIRCUIT COURT OF MADISON COUNTY, JANUARY TERM 2020

Recalled July 15, 2020

The Grand Jurors of the State of Mississippi, taken from the body of good
and lawful citizens of Madison County, elected, summoned, impaneled, sworn.
and charged to inquire in and for the body of the county aforesaid, at the term
afores-aid of the Court aforesaid, in the name and by the authority of the State of
Mississippi, upon their oath present that:

COUNT I

DACODA AMBER RAY, on or about and between August 1, 2017 to June 1,

2018, in the county aforesaid and within the jurisdiction of this Court, the said
Defendant, a person • over the age of eighteen (18) years, whose date of birth is
October 14, 1998, did willfully,, unlawfully and feloniously engage in fellatio, as
defined by Miss. Code Ann.§97-3-97, (1972, as amended), by performing fellatio
on D.R., a male child whose age was under fourteen (14) years and whose date
of birth is April 5, 2008, while the said D.R. was 24 months or more younger than
DACODA AMBER RAY, in violation of Miss. Code Ann.§97-3-95(1)(d), and

COUNT II

DACODA AMBER RAY, on or about and between August 1, 2017 to June 1,

2018, in the county aforesaid and within the jurisdiction of this Court, the said
Defendant, a person over the age of eighteen (18) years, whose date of birth is
October 14, 1998, did willfully, unlawfully and feloniously engage in fellatio, as
defined by Miss. Code Ann.§97-3-97, (1972, as amended), by performing fellatio
on D.R., a male child whose age was under fourteen (14) years and whose date
of birth is February 24, 2011, while the said D.R. was 24 months or more
younger than DACODA AMBER RAY, in violation of Miss. Code Ann.§97-3-
95(1)(d)
Case: 45CI1:20-cr-00304-JR Document #: 1 Filed: 08/10/2020 Page 2 of 2

All being against the peace and dignity of the State of Mississippi.

Endorsed: A True Bill

FOREPER5ON741 HE GRAND JURY A SISTANT DISTRICII

TATTOuRNEY
gen 9

AFFIDAVIT

COMES NOW Emily C. Quick, Foreperson of the July 15, 2020, Madison
County Grand Jury, and makes oath that this Indictment presented to this Court
was concurred by twelve (12) or more members of the Grand Jury, and that at
least fifteen (15) members thereof were present during all deliberations.

/1v:4-0-yU2CLLk
FOREMAN OF THE 'GRAND JURY

SWORN TO AND SUBSCRIBED before me on this, the 5 day

2020.

ANITA WRAY, CIRCUIT CLERK

OF MADISON COUNTY, MISSISSIPPI

BY: D.C.

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