Man accused of killing Biloxi police officer is now incompetent to stand trial. What’s next?
The 22-year-old man accused of the shooting death of Biloxi Police Officer Robert McKeithen is currently incompetent to stand trial for capital murder.
Darian Atkinson of Harrison County arrived at the Mississippi State Hospital at Whitfield on March 9 for his sixth psychiatric evaluation and additional treatment to try to restore him to competency to stand trial.
Atkinson is facing a possible death sentence or life in prison without parole if convicted in the May 5, 2019, killing of McKeithen outside the Police Department, officially named the Lopez-Quave Public Safety Center.
Though psychologists initially found Atkinson competent to stand trial in 2020, his condition deteriorated by around October 2021, when his attorney, Angela Broun, said she started having problems communicating with him for his defense.
The attorney has described Atkinson in court papers as “seriously mentally ill.”
After Atkinson arrived at the state hospital for the latest evaluation and treatment, Atkinson’s attorney said she was there and spoke to the doctor, who confirmed Atkinson’s incompetency at that time.
His attorney expects an update on his condition in about three months.
“The purpose of this is to try and evaluate and restore Darian to competency, whether that is through medication or therapy they have up there,” Broun said.
In addition, Broun said, the state hospital has a court education program to help alleged offenders have a better understanding of the legal system.
Forensic psychologist Chris Lott noted in one of the later psychiatric evaluations that Atkinson was not taking his medication at the Harrison County jail.
Atkinson has been in custody since his arrest on May 6, 2019. He was 19 years old at the time of the killing.
He is not eligible for a bond because he is charged with capital murder.
Capital murder is a murder committed during a commission of a felony offense. However, a person charged with killing a police officer, prosecutor, or the like automatically faces a capital offense. An underlying felony offense is not required when someone is accused of a police officer’s killing.
Killing over Black oppression, witness says
Judge Christopher Schmidt found Atkinson competent to stand trial in early 2020 based on testimony from Lott, among other things.
Lott felt Atkinson clearly understood the charge against him, the penalty, and his role in the case. Still, Lott said, he had concerns about Atkinson’s understanding of legal strategy when it came to defending his case.
Atkinson then indicated to Lott that he committed the crime because of the systematic oppression of Black people and his right to bear arms.
Atkinson then felt like the jury would understand his reasoning for the action, Lott said at the May 2020 hearing before Schmidt.
Lott had those concerns because Atkinson’s mother, grandfather and girlfriend said he had started acting strange when he returned home from a trip to Texas shortly after his high school graduation.
After his return, Atkinson reportedly made odd comments to his family, like saying they needed to turn the television off because people were listening.
Atkinson had had other issues as well.
In 2018, for example, Atkinson was suspended from Biloxi High School after reportedly making threats involving guns in the aftermath of a mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, where a gunman opened fire, killing 14 students and three teachers and injuring 17 others.
In that case, two Biloxi High students were talking about the Parkland shooting when Atkinson reportedly told a female student, “’ I’m thinking about doing the same thing here, and I’m going to start with you.’”
In the capital murder case, the defense is planning an insanity defense, arguing that Atkinson had a mental and emotional impairment that prevented him from understanding the full weight of his actions when he shot and killed McKeithen.
A planned attack on a police officer
According to investigators, Atkinson had a pre-conceived plan to kill a member of law enforcement in 2019.
On the night of McKeithen’s slaying, authorities said Atkinson had walked eight miles from Gulfport to the Biloxi police department with one goal in mind — to kill a police officer.
The shooting, dubbed an ambush-style slaying by authorities, occurred in the parking lot outside the Police Department.
Authorities took Atkinson into custody after a 24-hour manhunt that ended when an off-duty Biloxi police officer spotted Atkinson in Wiggins and called the local agency to make the arrest.
Surveillance footage from the Biloxi police department showed Atkinson within arm’s length of McKeithen when the shooting occurred.
The gunman fired nine rounds, with three bullets hitting McKeithen’s bulletproof vest, another grazing his head, and another hitting him in the body.
McKeithen had just returned to the police department on Porter Avenue because of a flat tire at the time of his slaying. McKeithen was a beloved father, family man, mentor and dedicated law enforcement officer, having served 24 years at the Biloxi police department.
This story was originally published March 21, 2023 at 7:30 AM.
