Murder defendant Joe Conway Elder, 91, is nearly deaf, suffering from dementia and arguably delusional.

The question facing Superior Court Judge James Orlando is whether the World War II veteran is competent to stand trial in the shooting death of a caregiver at his University Place assisted-living home three months ago.

Orlando spent the better part of Tuesday and Wednesday hearing testimony on Elder’s mental health and is expected to issue a ruling as early as today.

Prosecution witness Dr. William Richie, a state psychiatrist at Western State Hospital, testified that Elder, while mentally impaired in some ways, understands enough to go to trial.

“He understands his legal jeopardy at this time. He understands the difference between a felony and a misdemeanor,” Richie testified Tuesday. “He knows he’s charged with a felony, and a serious felony.”

But Brett Trowbridge, a private forensic psychologist testifying for the defense, said Elder is so delusional that he is unable to assist his defense attorney.

Elder believes “undercover police” have been after him for more than 30 years, Trowbridge testified Wednesday, and have gone so far as to sabotage his efforts to get food stamps or have his car repaired.

The elderly man also thought Ramoncito Barro – the caregiver he shot to death Sept. 16 – was in cahoots with the undercover police, Trowbridge said.

“It’s absolutely clear to me that on the date I saw him, November 7th, 2008, he was not competent to stand trial,” the psychologist said.

Elder’s case will proceed toward trial if Orlando finds him competent.

If the judge finds otherwise, he could order Elder to Western State Hospital for further treatment in an effort to restore Elder’s competency or dismiss the charges outright and order the state to seek to have the defendant civilly committed.

Elder is charged with second-degree murder in the Sept. 16 death of Barro, a 39-year-old father of five. Barro was shot as he delivered some fruit to Elder’s room at Total Care AFH, an adult-care home in the 5800 block of 62nd Street West in University Place.

Elder has pleaded not guilty and is being held in the Pierce County Jail pending the resolution of his case.

Everyone who testified agreed that Elder suffers from a dementia with symptoms similar to those associated with Alzheimer’s disease – the inability to remember things in the short term, general confusion and paranoia.

A state neuropsychologist called by the prosecution testified that Elder’s brain shows physical signs of deterioration from both a vascular disease and age.

Brett Parmenter said it is her opinion that Elder suffers from a mild form of dementia and “can benefit from assistance.”

She did say she found his knowledge of current events to be poor. He didn’t know the significance of the date Sept. 11, 2001, nor did he know the United States was involved in a war in Iraq, Parmenter testified.

Richie added that while there is evidence of delusional behavior on Elder’s part, it is not related to these specific court proceedings and is not impairing his ability to help his attorney.

Trowbridge countered that it is his opinion that Elder’s dementia is at least of a moderate variety and that his delusional paranoia is so acute as to be debilitating.

At the end of Wednesday’s hearing, deputy prosecutor Jerry Costello contended that Elder, while suffering from some mental defects, understands enough about what’s going on to stand trial in Barro’s death.

“The standard is low. It is easily met, according to the case law,” Costello said during his closing argument. “It’s clear that the defendant is competent to proceed.”

Elder’s attorney, public defender Mary K. High, disagreed.

“He can’t rationally assist me in this trial when he believes undercover cops permeate all aspects of his life system,” she argued.

Elder, who was handcuffed to his wheelchair throughout the hearing, did not testify.

Adam Lynn: 253-597-8644

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