David Johnson is accused of murdering a 69-year-old woman in her Florence home in 2008.
Florence County Solicitor Ed Clements is asking the court to have David Johnson, on trial for the murder of a 69-year-old woman, examined by the State Department of Mental Health to determine if Johnson is competent to stand trial.
Johnson is accused of killing Willie Mae Hayes at her home on Liberty Street in Florence in August of 2008.
In October of 2009, 12th Clements served Johnson with notice that the state of South Carolina is seeking the death penalty against him for the killing.
Clements is now asking that Johnson be evaluated by the SC Department of Disability and Special Needs to determine if Johnson suffers from intellectual disability or mental retardation as was formerly called.
Clements says after reviewing Johnson's public school IQ records he believes Johnson's mental state should be evaluated. According to Clements, Johnson scored a 58 on an intelligence scale test given by Florence School District One when Johnson was seven-years-old. Clements says a score of 70 or below indicates there is some form of a mental disability.
Judge Thomas Russo ordered the evaluations for competency and Johnson's intellectual disability.