Judge says prosecutors should drop charges
Carmitchel remains in medical facility, incompetent to stand trial
Federal prosecutors should consider dropping robbery charges against accused Bellagio robber Scott Carmitchel because he is incompetent to stand trial, a federal judge said Tuesday.
Carmitchel, 35, a Kansas man with a prior felony conviction, is charged with robbing the casino and a Las Vegas bank during a July 2014 crime spree. He is being treated for his mental condition at a North Carolina medical facility within the federal prison system.
U.S. District Judge Richard Boulware continued a trial set for next week until Feb. 23, but he refused to put it on hold for the six months prosecutors wanted.
Boulware said he didn’t want to keep the case open indefinitely. He gave Assistant U.S. Attorney Robert Knief until Feb. 9 to let him know if the government will seek dismissal.
Prosecutors have the option of refiling the charges if Carmitchel becomes competent and can assist his lawyers, Boulware said.
Authorities in North Carolina expect to place Carmitchel in civil custody, so he won’t be put back on the street if criminal charges are dismissed.
Knief said the government wanted the six-month delay to see if Carmitchel’s condition improved enough to allow a trial.
In court papers last week, Knief said Carmitchel has not spoken to his lawyers since August 2014, when he was charged. A federal magistrate judge at the time had to enter a not guilty plea for Carmitchel, who was nonresponsive in court.
He refused to answer questions several times, laughing loudly through a spit mask as he sat shackled in a wheelchair next to his public defender.
Carmitchel is facing one count of interference with commerce by robbery at the Bellagio and one count of armed bank robbery at a City National Bank branch on East Tropicana Avenue.
He’s charged with stealing $43,500 in the Bellagio heist on July 25 and $4,355 in the July 22 bank robbery. Authorities said he spent stolen money on prostitutes and a shopping spree. — Contact Jeff German at jgerman @reviewjournal.com or 702-380-8135. Find him on Twitter: @JGermanRJ