The defense attorney for a San Angelo man accused of choking two newborns at Odessa Regional Medical Center would like a psychiatrist to determine if his client was insane at the time of the crime and if he’s competent to stand trial.
According to Ector County District Court records, defense attorney Phillip Wildman believes Marcus McCowan Jr., 18, may have a mental illness or disease that made it impossible for him to know the difference between right or wrong at the time of the crime.
Wildman further believes McCowan may not be competent to stand trial, in other words, he thinks McCowan may not have the ability to understand the criminal justice system or the ability to assist in his defense.
Ector County District Attorney Dusty Gallivan’s policy is not to comment on pending cases.
It’ll be up to Judge John Shrode of the 358th Ector County District Court as to whether the motion will be granted.
According to Odessa Police Department reports, ORMC staff members noticed McCowan was acting oddly while awaiting the birth of his child on Oct. 3 and a charge nurse made him leave the Labor and Delivery area.
Staff told police that a short time later, Mc Cowan ran at “full speed” at two nurses and a mom who was being released from the hospital and holding a newborn baby in a carrier. McCowan shoved one of the nurses and began to choke the baby in the carrier with both hands, the nurses told police. They were able to rescue the baby, but then McCowan ran into the nursery, an area not accessible to the public, and began to choke another newborn baby, according to the report. A respiratory therapist and security officer were able to rescue the baby girl.
According to the report, when police arrived they handcuffed McCowan, but he twice tried to grab anofficer’s gun.
In addition to two attempted capital murder charges, which carry a prison sentence of five years to life in prison, an Ector County grand jury indicted McCowan on two other charges, assaulting a public servant, a third-degree felony and attempt to take a weapon from an officer, a state jail felony.
McCowan remains in the Ector County jail on surety bonds totaling $582,000.
