DALLAS — Editor's note: Above video aired the day after Gernon was found dead.
The man charged with capital murder in the death of 4-year-old Cash Gernon has been found incompetent to stand trial by a Dallas County judge, according to officials.
Now, an attorney for Darriynn Brown says he has been placed on a waiting list to be transferred to a facility in Vernon.
Brown, who was 18 at the time of the alleged crime, was arrested and initially charged with kidnapping and theft in connection to the death of Gernon, after the 4-year-old was found dead in the 7500 block of Saddleridge by a passerby on May 15, 2021.
“I’ve talked to him numerous times. I’m still of the opinion that he’s incompetent and can’t assist in his defense,” Brown's criminal defense attorney Heath Harris explained.
Dallas police said surveillance video showed Brown carrying a sleeping Gernon from his bedroom hours before Gernon was found in a puddle of blood, with multiple stab wounds.
On May 28, the Dallas County Medical Examiner’s Office ruled Gernon’s death a homicide.
On June 9, the charge against Brown was upgraded to capital murder after evidence, including his hoodie, shoes and dark-colored sunglasses tested positive for Gernon’s blood.
Brown also faces charges of burglary and injury to the elderly from a previous incident in February 2021.
“If we could have gotten him the treatment that he needed then, you know, this tragedy may have never happened,” Harris said.
Neighbors told WFAA, at the time of Gernon’s death, that they would see Brown walking around in the neighborhood.
Neighbors also said they reported Brown to police several times and had no follow-ups on their calls.
Following Brown’s arrest in Gernon’s death, a motive was never released.
Harris said the goal is to get his client to the point where he can be deemed competent and able to communicate with his lawyers in order to help with his defense for trial.
“I’ve made it no secret that I anticipate that we will be filing paperwork to claim an insanity defense,” said Harris.
Gernon and his twin brother were cared for by a woman who was not their biological mother or relative, but a friend of their father's, who had been out of their lives since March 2021, according to police.
The surviving brother is now with his mother, who reportedly lives in Houston.
For now, Brown will remain in the Dallas County jail.