ORANGE COUNTY, Fla. \u2014 An Orlando man accused of killing an Orange County Sheriff\u2019s Office field service officer could avoid trial \u2014 at least for now \u2014 after his attorneys argued that autism and intellectual impairment may prevent him from meaningfully participating in his own defense.<\/p>\n
The competency question is the latest development in a case that has already been delayed for years.<\/p>\n
Channel 9 Anchor and Investigative Reporter Daralene Jones first reported on the delays in February. Now, months later, the case is facing another potential roadblock.<\/p>\n
Neil Demetree is accused of killing David Grassi, a 19-year veteran of the Orange County Sheriff\u2019s Office, in a December 2021 crash.<\/p>\n
Grassi was sitting in his patrol vehicle on Interstate 4, south of downtown Orlando, protecting a construction zone and helping keep workers safe when investigators say Demetree slammed into his vehicle.<\/p>\n
The crash happened just days before Christmas.<\/p>\n
According to the 2021 crash report, Demetree was traveling 87 mph and accelerating at 100% when he struck Grassi\u2019s patrol car.<\/p>\n
Body camera video obtained by Channel 9 also captured Demetree telling officers that he had been drinking at a local strip club before the crash.<\/p>\n
\u201cThree beers, Rachel\u2019s,\u201d Demetree said in the video.<\/p>\n
Officers ultimately helped him get home.<\/p>\n
\u2018You killed my husband. What is there to argue?\u2019<\/p>\n
For Grassi\u2019s widow, Nancy, the possibility of another delay has been difficult to accept.<\/p>\n
\u201cI\u2019m flabbergasted that we\u2019re still here and you haven\u2019t had your day in court,\u201d Nancy Grassi told Jones.<\/p>\n
\u201cYou killed my husband. What is there to argue?\u201d<\/p>\n
Nancy said she feels as though the case has left her waiting for accountability.<\/p>\n
\u201cI\u2019m treated like a chess piece in the game,\u201d she said. \u201cAnd this is not a game. You took my husband\u2019s life and there\u2019s got to be consequences.\u201d<\/p>\n
Demetree faces up to 30 years in prison if convicted.<\/p>\n
$15,000 psychiatric evaluation<\/p>\n
The latest issue stems from an extensive psychiatric evaluation paid for by Demetree\u2019s family. The evaluation was conducted in Texas at a cost of approximately $15,000.<\/p>\n
Months after Channel 9\u2019s February report on the delays, prosecutor Brian Hagner filed a motion stating that, based on representations from the defense, there were reasonable grounds to believe Demetree has autism and may be incompetent to proceed.<\/p>\n
During a hearing this month, the court heard from the Texas-based doctor who evaluated Demetree.<\/p>\n
Dr. Charles Nemeroff, with the University of Texas at Austin, testified about Demetree\u2019s diagnosis and his ability to participate in the criminal justice process.<\/p>\n
\u201cIf you couple the diagnosis of autism with the borderline intellectual impairment, then it really raises the seminal question about whether such an individual is capable of engaging in an adversarial process,\u201d Nemeroff testified.<\/p>\n
Nemeroff also explained that Demetree\u2019s autism may have gone undiagnosed for much of his life, potentially because symptoms were masked by what he described as profound ADHD.<\/p>\n
The defense is arguing that Demetree\u2019s condition raises serious questions about whether he can understand the proceedings against him and assist his attorneys in his defense.<\/p>\n
The issue is not simply whether Demetree has autism. The court must determine whether he is legally competent to proceed with the criminal case.<\/p>\n
Widow questions whether Demetree was capable of driving<\/p>\n
The competency argument is difficult for Nancy Grassi to reconcile with what happened the night her husband was killed.<\/p>\n
In body camera video, Demetree expressed regret when Jones asked him about the crash.<\/p>\n
\u201cDo you have any regrets about the accident?\u201d Jones asked.<\/p>\n
\u201cOh yes, yes,\u201d Demetree responded.<\/p>\n
But Nancy questioned how his mental state should factor into the case.<\/p>\n
\u201cWasn\u2019t he competent when he was drinking and driving?\u201d she asked.<\/p>\n
She said she wants consequences for the death of her husband, regardless of where that ultimately leads.<\/p>\n
\u201cWhether it\u2019s in a mental institution or what have you, there\u2019s got to be some repercussions,\u201d Nancy said.<\/p>\n
Competency hearing continues<\/p>\n
The hearing to determine whether Demetree is competent to stand trial is expected to continue later this month.<\/p>\n
But even that proceeding is now facing a new legal challenge.<\/p>\n
The defense has filed a motion questioning whether the psychologist retained by the prosecution was qualified to evaluate Demetree.<\/p>\n
That means the court could have to resolve questions about the qualifications of the state\u2019s evaluator before it can fully resolve the larger question of Demetree\u2019s competency.<\/p>\n
For Nancy Grassi, it means more waiting in a case that began with the death of her husband nearly five years ago.<\/p>\n
Channel 9 will continue following the case as the court determines whether Demetree is competent to stand trial.<\/p>\n
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