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Dollar General shooting trial delayed again over mental health concerns

Buffalo News - 12/9/2019

Dec. 9--The trial of the man accused in the November 2017 shooting at a Dollar General store in Cheektowaga is on hold again after concerns resurfaced about the defendant's current mental health.

Erie County Court Judge Sheila A. DiTullio on Monday granted a request from both Travis Green's defense attorneys and county prosecutors that the 31-year-old undergo a mental competency exam.

At issue is whether Green is currently able to assist with his own defense.

Green has been accused of coming equipped with two high-powered rifles, body armor and more than 800 rounds of ammunition and firing around 20 rounds outside the store near French and Union roads on the afternoon of Nov. 14, 2017. One person was injured in the shooting, which was interrupted by two civilians from a neighboring business.

Jury selection in Green's trial was scheduled to start Monday morning, but in recent weeks Green has shown signs of "decompensating," according to defense attorney Paul Dell.

Green stood in court Monday in restraints. During the court appearance, he stood between his attorneys with his eyes closed for an extended period.

"We obviously have a serious competency issue," DiTullio said before ordering the examination.

Green will be evaluated by county doctors, who are going to be asked to report back to the court by Dec. 20.

Attorneys on both sides have had doctors evaluate Green regarding his mental status at the time of the incident. The prosecution's expert determined Green's mental health was such that he is responsible for his actions, while the defense's expert has found Green not to have been responsible, attorneys have said.

The "gradual decline" of Green's competence may involve his being kept in solitary confinement at the Erie County Holding Center, Assistant District Attorney Ryan D. Haggerty told the judge, which was one conclusion of the prosecution's expert.

Green's mother was among several friends and relatives in the courtroom.

"We love you, Travis," Viola Green said as her son was escorted from the courtroom. "I'll see you soon."

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