Man accused of killing Biloxi cop still awaits trial nearly 5 years after murder

BILOXI, Miss. (WLOX) - As the fifth anniversary of the death of Biloxi Police Officer Robert McKeithen approaches, the person accused of his murder remains at the Mississippi State Hospital in Whitfield.

Darian Tawan Atkinson is still awaiting trial as he undergoes a court-ordered psychiatric evaluation and treatment. He was formally arraigned on December 5, 2019, and the case was originally set for trial on September 21, 2020.

RELATED: ‘Respect the shooter’: Accused cop killer demands respect when arrested (June 18, 2019)

Atkinson’s attorneys then filed a motion for a psychiatric evaluation regarding his competency to stand trial. After evaluations by experts for both the State and defense, a competency hearing was conducted on May 21, 2020. Although he was found competent to stand trial, the case did not proceed as scheduled due to the COVID-19 pandemic.

The court heard pretrial motions in the case on May 11, 2021, and the trial was set to begin in September of 2021. Shortly before the September trial, the defense filed a motion seeking to have Atkinson’s competency re-evaluated arguing that his mental health status had deteriorated since the court’s competency ruling in May of the previous year.

RELATED: New details emerge in ‘ambush’ of Biloxi police officer (May 8, 2019)

The Court granted the defense motion for a second psychiatric evaluation, as doctors for both the defense and the State questioned Atkinson’s competency to proceed to trial and recommended competency restoration services at the Mississippi State Hospital in Whitfield. The Court ordered that he be taken there on January 13, 2022. He currently remains there and is undergoing restorative services.

While at the hospital, Atkinson has continued to receive mental health treatment to restore his competency to stand trial, including his ability to understand the nature of the charges against him and assist his counsel in his defense. Atkinson receives an evaluation around every 90 days, and his status is reported to the Court. His next status of treatment hearing date is set for July 22, 2024.

RELATED: Three men gave suspect clothes in the hours after Biloxi officer was killed (May 10, 2019)

All five men accused of helping Atkinson following the murder have already pled guilty to their charges and have been sentenced:

• Andre Anderson Sullivan, accessory after the fact to capital murder
• Joshua Michael Kovach, accessory after the fact to capital murder
• Davian Lewanika Atkinson, accessory after the fact to capital murder
• Wanya Toquest Atkinson, accessory after the fact to capital murder
• Dalentez Latavian Brice, hindering prosecution of a felon

All five have agreed to testify if called by the State in the trial of Darian Atkinson.

See a spelling or grammar error in this story? Report it to our team HERE.