Judge rules man accused of threatening to kill Black people at fitness center is competent to go to trial | Arkansas Democrat Gazette

A Nevada man accused of threatening to kill Black people at a Little Rock fitness center was judged to be competent to stand trial by a federal judge Tuesday who said evidence presented at the hearing failed to establish the man’s inability to assist in his own defense.

Hunter Holman, 28, of North Las Vegas, Nev., was indicted in March of last year by a federal grand jury in Little Rock of transmission of a threat to injure in connection with multiple threatening phone calls that were made to Esporta Fitness locations in Little Rock from a cellphone that showed up on caller ID as being from Holman. The general manager of the Chenal Parkway location told the FBI that Holman had been calling approximately 15 times a day beginning Jan. 25, 2023, threatening to kill all Black people at the facility, according to a probable cause affidavit.

Rudofsky ordered Holman to undergo a psychiatric exam last November in response to a motion made by his attorney, Assistant Federal Public Defender Molly Sullivan, the results of which were filed under seal Feb. 24, but on Tuesday, Sullivan requested a second evaluation.

Security was tight in the courtroom as Holman, who is being held in federal custody in the Greene County jail in Paragould, was escorted into the courtroom and seated at the defense table flanked by two deputy U.S. marshals, with a third sitting nearby. Another four deputies sat in the gallery nearby and one deputy stood watch at the door to the courtroom as U.S. Marshal Cory Harris joined his deputies in the gallery.

Harris confirmed there had been security concerns regarding Holman but gave no specifics. Later in the hearing, however, it became apparent the marshals were there because of threats Holman reportedly had made toward Sullivan.

In an unusual move, Sullivan was joined by Assistant U.S. Attorney Kristin Bryant in asking Rudofsky to order a second mental evaluation of Holman over concerns that the defendant, who is diagnosed with Bipolar Disorder 1, had repeatedly refused medication to treat the disorder, and they voiced concerns that his ability to assist in his defense would be impaired.

“The psychotropic medication may improve his mental status and stability but without it,” Sullivan said, as Holman glared at her, “he’s not going to be stable, not competent, and I am not able to communicate with him to effectively represent him and he is unable to assist in his defense.”

Bryan concurred.

“Based on the information we have,” Bryant said, “he is not competent.”

“This seems like it’s going to be a very weird hearing,” Rudofsky said. “You and Ms. Sullivan agree on what the evidence shows but Mr. Holman does not.”

In most circumstances, Rudofsky explained, a defense attorney would advocate for their client’s position but that Sullivan’s concerns gave her an ethical responsibility that put her at odds with her client.

“I get it,” he said, “but it makes it a little weird and it makes me worry about how we protect Mr. Holman and what I let him do … It seems clear to me that he’s going to say he’s not suffering from such a mental disease or defect it renders him incompetent to stand trial.”

“I think we’re protecting him from himself,” Bryant said, as Holman scoffed and shook his head at her comments, “we’re protecting his rights.”

Questioned by Rudofsky, Holman insisted he is competent for trial and suggested that he had been faking his symptoms.

“I’m completely competent,” he said. “I can read an entire book in one day. I’ve held down good jobs. I’ve made six figures. I’ve done incredible things out in the world.”

Dr. Ben Silber, a Little Rock forensic psychologist, and Dr. Leslie Johnson, a Bureau of Prisons forensic psychologist at FDC Houston, both testified to their observations of Holman.

Silber testified that he had diagnosed Holman as bipolar and said that Holman had told him he had about four to six manic episodes a year. He said Holman also told him he had not taken medication for his condition since he was a teenager. He said hospital records he had obtained had described Holman as “grandiose … irritable and agitated … often hallucinating or delusional,” and said he was often described as threatening.

Johnson, who evaluated Holman at FDC Houston in response to Rudofsky’s November order, said that based upon her evaluation Holman was suffering from Bipolar Disorder 1, which is characterized by episodes of mania that can become more frequent if left untreated. She said during the time he was in Houston, from Dec. 8, 2023 until Feb 9, 2024, he suffered no manic episodes and said she had found Holman to be competent to stand trial. She said, however, that such competency can suddenly shift.

“If somebody is diagnosed with a mental illness such as bipolar disorder and they are not taking medication,” she said, “it is possible they could decompensate or suffer significant symptoms that would interfere with competency.”

Johnson said there was no way to predict a manic episode but noted that if Holman continued to refuse medication, “it is likely that at some point he will suffer a manic or depressive episode.”

After hearing the evidence and arguments from Sullivan and Bryant, Rudofsky concluded that although he believed he was suffering from mental illness, his demeanor in court indicated that during the hearing, Holman had demonstrated he is competent and said the possibility he may not be competent when he goes to trial was not enough to justify a second evaluation.

“You’ve done everything you can do and should do,” he told Sullivan, “but it appears the attorney-client relationship is broken.”

Rudofsky said he would enter a written order later fully explaining his ruling and said he will appoint a new attorney for Holman. He cautioned Holman that doing so would likely delay his trial beyond July 30 in order for a new attorney to get up to speed on his case.

“As long as I’m getting credit for being in Greene County,” Holman said, “that’s fine.”