WINNEMUCCA — The man accused of running a police roadblock and hitting a cop with his pickup truck doesn’t want any excuses made on his behalf – despite concerns expressed by the Humboldt County DA’s Office, the court, and even his own attorney that he may have residual issues from military service.

Duane Gray, 42, was charged in October with assault on an officer with a deadly weapon and failure to stop at the scene of an accident involving personal injury, both category B felonies.

Officer Chad Farstveet, of the Winnemucca Police Department, was manning the roadblock during a brush fire that threatened the Sage Hills subdivision.  He was allegedly struck by Gray’s pickup and knocked off his feet. Gray allegedly refused to get out of his pickup following the incident.  When Farstveet reached in to pull him out, Gray allegedly drove away dragging the officer along with him.

Farstveet was injured during the confrontation, was treated at HGH, and returned to work.

Gray was in Union Township Justice Court on Wednesday (Nov. 23) for a preliminary hearing to determine whether or not there was sufficient evidence to bind the case over to the 6^th Judicial District Court for trial.

At that time his attorney, Robert Dolan, went on the record with the terms of a negotiated settlement offered by the  Humboldt County DA’s Office that would not only reduce the charges the defendant faced but would avoid the possibility he face the additional charge of being a habitual offender.

Gray turned down the offer and expressed his desire to proceed.  With pen in hand and notepaper on the table, prepared to take notes, the defendant reminded the court of his Constitutional right to a speedy trial.

Dolan said he would proceed as his client wished.

However, the question before Judge Gene Wambolt and even Deputy DA Roger Whomes was whether or not the defendant was competent to make good choices for himself and assist in his own defense.

Records provided by the military  show that Gray was diagnosed and treated for post-traumatic stress disorder (PTSD) while still in the military, which included combat time in the Persian Gulf War.

As his attorney noted, Gray had not been treated for that diagnosis since leaving the military and was no longer on medication.

Whomes added if they pushed a case through and it turned out the defendant was not competent -- that is; someone who could not reason out good choices for himself or assist with his own defense -- the case could end up coming back a second time.

Wambolt agreed and ordered the defendant receive a competency evaluation.  The case was moved to the 6^th Judicial District Court for the limited purpose of competency procedures.  A competency evaluation is by no means unusual.  Many defendants charged with acts stemming from violent or aggressive confrontations are ordered to receive such an evaluation.  

However, there are limited number of professionals in Nevada, and none locally, who are qualified to assess PTSD cases.  For that reason, the defendant's competency evaluation will be conducted by professionals in Washoe County.

If it is determined Gray is competent to stand trial, the case will come back to justice court for a preliminary hearing.

Further reading:

US Department of Veterans Affairs - National Center for PTSD

Mayo Clinic - PTSD

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Man arrested for allegedly running roadblock – dragging WPD officer behind 

Charges upgraded in case involving man who allegedly injured WPD officer