photo by: Douglas County Sheriff's Office

Robert Earl Davis

A Lawrence man accused of murder in a fatal stabbing at a grocery store in August is currently unfit to stand trial in the case, a Douglas County District Court judge ruled on Thursday.

Judge Kay Huff ruled that Robert Earl Davis, 54, is incompetent to stand trial on the charge of first-degree murder because he suffers from significant mental illness. She made the ruling after reviewing a mental health evaluation provided to the court.

Davis did not appear in court. Huff and Davis’ attorney, Dakota Loomis, both said he refused to leave his cell in the Douglas County Jail to attend the hearing.

With the ruling, Davis will be moved from the jail to Larned State Hospital to receive treatment until he is able to stand trial. Loomis said a long wait list at the state hospital meant Davis might not be transferred there for up to a year.

Before making the ruling, Huff said that a mental health evaluator attempted to evaluate Davis, but that he would not speak to the evaluator directly. Huff said the report also noted Davis would talk to himself and showed signs of “active psychotic features.”

Davis has a history of mental illness, as he had received treatment at Larned State Hospital from 2001 to 2003, when he was incarcerated for previous convictions, Huff said. He was also involuntarily committed to Osawatomie State Hospital at some point, she said.

photo by: Dylan Lysen/Lawrence Journal-World

Lawrence police investigate a reported homicide in the parking lot of Dillons grocery store, 1015 W. 23rd St., on Wednesday, Aug. 18, 2021.

As the Journal-World previously reported, Davis is accused of killing Daniel Evan Brooks, 66, of Lawrence, on Aug. 18. Brooks was pronounced dead at the scene after he was stabbed in the parking lot of the Dillons grocery store at 1015 W. 23rd St. His dog, Bear, was also stabbed in the incident, but later recovered.

The murder charge is an off-grid felony and could result in life in prison if Davis were convicted. Davis also faces a charge of cruelty to animals, a low-level felony.

Davis was previously convicted of multiple violent crimes that occurred in 1983. As the Journal-World reported when Davis came up for parole in 2004, Davis pleaded no contest to charges of aggravated battery, rape and aggravated assault.

The victims in the case told police their attacker wore a ski mask. Davis, who was 16 at the time, admitted to committing the crimes shortly after he was taken into custody. Davis was discharged from prison in 2012.

Additionally, Davis was convicted of aggravated battery in 2017. According to Douglas County court records, he was sentenced to 21 months of confinement and was released from supervision in March 2019.

When he was arrested, the booking log listed Davis’ residence as the Lawrence Community Shelter.