Mental competency review delays Ogden murder trial sentencing

SALT LAKE CITY — An Ogden murder trial sentencing has been postponed over claims that the defendant is not mentally competent.

Brendon Michael Powell was found guilty of murder plus six counts of felony discharge of a firearm in October. The sentencing was supposed to happen on Tuesday. However, Powell’s lawyer raised questions about his mental state following private conversations with him toward the end of the trial.

Reports from private investigators who spoke to Powell post-trial also found that he was unable to organize his thoughts and meaningfully assist in his defense.

KSL Legal Analyst Greg Skordas said that while it’s rare, the defendant always has the right to bring up competency, even after a trial.

“A defendant in a criminal case can raise competency at virtually any time. Once the trial starts or once a person’s convicted, than the issue becomes whether or not the accused — the defendant — is competent to proceed.”

Powell’s mental competency review is scheduled for January 2025. If found mentally incompetent to proceed, Powell would be sent to a state hospital rather than a state prison.

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