Proceeding Delayed For Two Younger Defendants In Ernst Murder Case

Defense attorneys for 16-year-old Dharminder Vir Sen and 16-year-old Wyatt Bear Cloud both raised separate mental issues regarding their clients during motion hearing in 4th Judicial District Court on Friday. Both Vir Sen and Bear Cloud also have pending motions to transfer their cases to juvenile court. The transfer motions will be decided by Judge Thomas Sullins from Casper.

In Friday’s hearing, Vir Sen’s Attorney Tim Cotton noted that his client’s mental capacity had deteriorated since he has been incarcerated at the Sheridan County Detention Center. Cotton now has concerns that Vir Sen is not competent to stand trial and assist in his own defense. Judge John Fenn ordered a competency evaluation by the Wyoming State Hospital. It will be up to the hospital whether that evaluation will be done in Sheridan or at the hospital in Evanston.
Results from the examination could take 30 days or more to be completed.

Bear Cloud’s Attorney Shelley Cundiff filed a motion to continue or delay proceedings against her client. Bear Cloud is competent to proceed but he is due to undergo a forensic neuro-psychological examination. That procedure cannot be completed by the January 28th pre-trial conference set for the case. Based on the results of that exam, Cundiff indicated that they may request a plea change to a mental illness or deficiency plea, if warranted.

The court granted a 60-day continuance in both cases. Judge Fenn noted that both defendants are scheduled for trial in March. Both those trials will now have to be rescheduled. Based on the court’s calendar, Fenn said it could be several months before the trials could be rescheduled. At this time the proceedings against the third defendant, Dennis Poitra, Jr. are still on schedule for a March trial date.

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Where does accountability come in

I find it unbelievable that our court system would consider letting these two be declared as being mentally incompe-tent. Mentally ill, yes, but they were competent enough to make a plan, steal a gun, enter peoples homes, murder a man in his home and change peoples lives forever - never to be undone. The problem with our world today is we have every excuse in the world as to why people do not have to be accountable for their actions. These kids need to spend their life behind bars if only to protect humanity from them!

Life is............

Life is what happens when reality slaps you in the face! Boys you learned to late that you reap what you sow! Life behind bars is sobering,taking an innocent life was senseless! now you have a senseless look, you should have thought about your actions before they took you all the way to Rawlins!

Give me a break...

After what these kids have done and the little time served... Now they ar going to get off because they have their attorneys convinced that their mental capacity had deteriorated... What a joke... what about JUSTICE??? Or have the people on the legal end of that forgotten about what they did????

This is great...

The two boys are finding out what solitude means... It wont be long until they understand that solitude may last for life, that's when the real panic will set in for them... Going to prison is one thing, understanding a life sentence will be a whole new level for these kids...

SheridanWyoming.com