A man charged with the murder of Devin Lee Whitmire last year, and the attempted murder of Berkeley officers after a shootout with police, is set to appear before a judge later this month for a mental competency hearing.
Calvester Stewart, 20, of Berkeley was scheduled for the hearing Wednesday morning, Feb. 6, at the Rene C. Davidson Courthouse in downtown Oakland. But Judge Carrie McIntyre Panetta told the court that one of two doctors set to review Stewart’s state of mind had asked for more time to turn in the report.
Panetta noted that Stewart had refused to meet with the doctors, so they hadn’t been able to “test” him.
Stewart did not appear in court Wednesday. Panetta rescheduled the defendant’s hearing for Feb. 22 at 9:05 a.m.
Stewart was arrested in April 2012 after he exchanged gunfire with police following a routine traffic stop in west Berkeley. Police said Stewart opened fire on multiple officers after he ran into a Delaware Street apartment building when police tried to stop him. Stewart was shot multiple times during the incident.
In May 2012, the Alameda County district attorney’s office charged Stewart with five counts of the attempted murder of a peace officer. At the same time, he also was charged in the shooting death of Devin Lee Whitmire in late March 2012.
The night of his death, Whitmire, 24, and his brother had walked out of Bob’s Liquors and been confronted by a small group of men, at least one of whom was armed with a firearm. Police said Whitmire was shot when he and his brother tried to run away. His brother was able to avoid being hit, but Whitmire collapsed on the ground and later was pronounced dead at Highland Hospital. The suspects then fled.
Police initially arrested a second man in connection with the homicide, but he was released after Whitmire’s brother said in court that police had made a mistake.
According to court documents, before his arrest last April, Stewart had been on probation for a 2011 conviction related to possession of an assault weapon.
He remains in custody at Santa Rita Jail without bail.
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