Criminal case suspended for Davenport man accused of killing family member

DAVENPORT, Iowa – The criminal case against a Davenport man accused of killing a family member has been suspended.

Donald Brentise Jr., 41, faces multiple felony charges including First Degree Murder. He is accused of killing a family member, Tammy Brentise, 49, on the evening of Sep. 27.

Allegations.

Shortly before 8:30 p.m., police responded to the home in the 3800 block of W. Locust St. in Davenport for a report of a woman bleeding from her head outside the home. Officers were informed the woman appeared to have been ‘hit with an object by another family member on scene,’ affidavits show.

According to police, Donald told officers, in a post-Miranda interview, he struck Tammy in the head with a hammer three times.

Donald is also charged with Interference with Official Acts with a Weapon, a Class D Felony. He is accused of obstructing officers by refusing to comply with orders to exit the home while in possession of the hammer allegedly used to kill Tammy.

Police say the hammer was seen near Donald when they took him into custody.

Suspended.

On Nov. 12, a judge found probable cause that Brentise is, ‘suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings or assisting effectively in the defense,’ court documents show.

Subsequently, a judge suspended proceedings and ordered Brentise to undergo a psychiatric competency evaluation, court documents show.

Furthermore, a judge found sufficient evidence Brentise, ‘poses a danger to the public peace or safety,’ and ordered him to remain in custody at a treatment facility, court documents show.

Due to a waiting list at the facility, a Status Hearing is set for Jan. 20 at 8:30 a.m. to determine if Brentise has completed the evaluation, court documents show.

The law.

Based on a Nov. 24 court filing, the order for a competency evaluation is pursuant to Iowa Code Section 812.3, of which states:

‘At any stage of a criminal proceeding the defendant or the defendant’s attorney, upon application to the court, alleges specific facts showing that the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense, the court shall suspend further proceedings and determine if probable cause exists to sustain the allegations.’

Furthermore, ‘Upon a finding of probable cause sustaining the allegations, the court shall suspend further criminal proceedings and order the defendant to undergo a psychiatric evaluation to determine whether the defendant is suffering a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense.’

The ordered evaluation is only to determine competency, and will not be considered a substitute for an evaluation regarding any mental disorder defense that may arise at trial, court documents show.

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