Harris County woman deemed incompetent to stand trial after confessing to killing 5-year-old daughter
Tomball, Texas - Melissa Towne will be moved from the Harris County Jail to a medical facility following a recent ruling that she is incompetent to stand trial in her 2022 capital murder case.
Chief Prosecutor of Child Fatality in Harris County Gilbert Sawtelle is prosecuting Towne's case says competency is determined by two factors. "One, does the defendant understand the charges against them? And two, can they reasonably communicate with their attorney," he said.
Sawtelle says an expert determined that Towne didn't meet either of those requirements and will not be eligible to stand trial in the case until she does.
In October of last year, police say Towne admitted to killing her 5-year-old daughter. Police say Towne told them she took her daughter to Spring Creek Park in Tomball and slit her throat.
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Police say when Towne realized that hadn't killed the girl, she proceeded to put a bag over her head and suffocate her to death. Police say that process took 45 minutes.
"The details are... horrible to think about," said Sawtelle.
Now that Towne is deemed incompetent, the court case is put in a type of limbo. But Sawtelle says this isn't a "get out of jail free" card. He says competency isn't a permanent state, it's fluid and can change daily. In Towne's case, it's expected for her to re-gain competency.
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"It was found by the psychologist that she was restorable. So if she gets the treatment and is restored, and then we'll be right back here like any other case," he said. He says after that stage, he does anticipate an evaluation for insanity. Insanity is determined by the offender's state of mind when the crime occurred according to Sawtelle.
And in Townes case, he says it's possible that she is found not guilty by reason of insanity. But, again, he says this doesn't mean she walks free.
Sawtelle says in such a case, Towne would be help in a high-security facility, possibly for the rest of her life. Whatever the outcome, he says he wants justice for this little girl.
"Ultimately I don't know what's going to happen - I just want justice to be done and everyone to be informed about the process as we go along," he said.
There is no time limit for establishing competency, so it is possible that Towne never regains it. But Sawtelle says she will be re-evaluated as soon as it's seen fit.