Allen’s mental state on trial
Denver Allen is accused of killing his cellmate and a jury is hearing testimony on his competence to assist in his own defense.
“I ain’t never said I didn’t kill that dude … He’s dead and there was only two people in that room,” Denver Fenton Allen yelled during one of his outbursts Monday in Floyd County Superior Court.
Today, a jury is expected to decide why he said it.
Assistant District Attorney Luke Martin contends that Allen is trying to be declared mentally incompetent to stand trial for the 2015 murder of his cellmate in the Floyd County Jail.
Local attorney Dan Morgan, Allen’s public defender, is arguing the 32-yearold Cartersville man is unable to assist with his own defense.
Allen made national headlines in June 2016 following a heated and profanity-laced exchange with Superior Court Judge Bryant Durham. The transcript was made into a cartoon video that quickly went viral.
Following a state diagnostic report, Superior Court Judge Billy Sparks — who took over the case — declared in April that Allen was temporarily unfit for trial. He was sent to Central State Prison in Milledgeville for evaluation.
Psychiatrists from Central State are expected to testify at the civil trial continuing today that Allen’s competency is restored.
If jurors agree, Allen will face a criminal trial at a later date in the Aug. 26, 2015, murder of Stephen Rudolph Nalley. If they don’t, he’ll be committed to a state mental facility.