AI-generated summary reviewed by our newsroom.<\/p>\n
Read our AI Policy.<\/a><\/p>\n \n Two lawyers were shot outside the old Wake County Courthouse on Friday, May 22, 2026, after they were involved in a court case with the suspect. Gwendolyn White, the suspected shooter, is now charged with attempted murder. Here\u2019s ongoing coverage about the case.\n <\/p>\n Read more How a Wake Forest commissioner\u2019s story inspired the town\u2019s Mental Wellness Fair<\/a><\/p>\n The future of a criminal case against the woman accused of shooting two attorneys outside the Wake County courthouse last week will depend on a mental capacity exam \u2014 a probe that experts say can determine if a case moves forward.<\/p>\n Gwendolyn White, 57, faces two counts of attempted murder after police said she shot two attorneys representing the Rolesville Police Department in a lawsuit Friday. A judge on Tuesday rejected bail for White and filed a motion to determine her capacity to proceed.<\/p>\n The results of that test will gauge her comprehension of the legal proceedings and determine how prosecutors move forward in the case and whether it can proceed.<\/p>\n A person is deemed incapable to proceed in a trial if they are unable to understand the nature of the proceedings, to understand their own role in the proceedings or to \u201creasonably and rationally\u201d assist in their defense, according to North Carolina law.<\/a><\/p>\n Those conditions, coupled with the finding of a mental illness or defect, can put a temporary halt to a trial, as state law says no one can be tried, convicted, sentenced or punished for a crime if they are found incapable of proceeding in the case.<\/p>\n And a prosecutor, judge, or defense attorney can alert the court at any point during a case of behaviors that may suggest mental incapacity, such as signs of cognitive impairment during meetings with the client, concerning behavior in court or the nature of the crime at hand, said John Rubin, a professor at UNC-Chapel Hill and an expert in criminal law.<\/p>\n \u201cThe question is at the present time and present point of prosecution, is the person capable of defending themselves?\u201d Rubin said. \u201cIf there is any question of that, there will be a motion.\u201d<\/p>\n In felony cases, defendants are typically transferred to Butner Federal Medical Center for observations \u2014 a process Rubin said is \u201cmore thorough\u201d and generally takes longer than examinations for people charged with misdemeanors, which take place at local facilities.<\/p>\n There, evaluators test the individual\u2019s cognitive abilities and understanding of their legal expectations, as well as compile records of the person\u2019s medical history.<\/p>\n \u201cIt\u2019s up to the medical professionals to inquire and consult the sources they think are most appropriate and then render an opinion on whether they believe that person meets the standard for capacity to proceed under our statute,\u201d Rubin said.<\/p>\n While an examination of capacity to proceed measures an individual\u2019s current mental state, an insanity defense measures the defendant\u2019s mental state at the time of the crime, Rubin said.<\/p>\n Under North Carolina law, investigators perform a \u201cright vs. wrong test,\u201d measuring the defendant\u2019s ability to perceive the weight of the crime they committed, he said. Evidence from that test is \u201cfresher\u201d when collected immediately after the crime, he said, but the test can also be conducted later.<\/p>\n \u201cWith capacity, we\u2019re looking at their mental state right now,\u201d Rubin said. \u201cAre they currently able to defend against the charges?\u201d<\/p>\n Read more How Hurricanes goalie Frederik Andersen handled heartbreak: \u2018We\u2019re a family\u2019<\/a><\/p>\n White faced a misdemeanor stalking charge in 2023 when she was accused of stalking her neighbor and their family, The News & Observer previously reported<\/a>. According to a court memorandum from White\u2019s mother\u2019s guardian, White was found incapable to proceed in the case.<\/p>\n And in May 2024, the Court ordered her to receive treatment with the aim of helping her regain the capacity to proceed.<\/p>\n \u201c[A] Court Order was entered on May 3, 2024, finding Gwen was not capable of proceeding to trial and the Court ordered Gwen to participate in the Community Based Restoration Program at Elwyn Health Resources for examination and treatment until further order of the Court,\u201d the guardian wrote.<\/p>\n Though evaluators consider the entirety of a person\u2019s mental history, a court\u2019s prior finding that a person was incapable of proceeding in a case is not a deciding factor in reaching that conclusion again, Rubin said.<\/p>\n Evaluators may consider evidence gathered in the past probes, especially if the findings cite chronic illnesses or long-term disabilities like a traumatic brain injury or dementia. But that information helps investigators better understand the person\u2019s history, according to Rubin.<\/p>\n \u201cThat prior determination is not legally controlling to a later one,\u201d he said.<\/p>\n If a defendant is found incapable to proceed, all criminal proceedings against them must pause in accordance with state law, Rubin said.<\/p>\n \u201cOur statute is based on a constitutional due process right that you can\u2019t prosecute, convict or punish somebody if they are incapable of understanding what\u2019s going on and defending themselves,\u201d he said.<\/p>\n But it doesn\u2019t mean the defendant is \u201ccut loose,\u201d he said, especially if the person is charged with a violent offense. Instead, the court moves to deciding what treatment and confinement is needed in order for the person to resume their court proceedings.<\/p>\n A judge may choose to place the defendant in involuntary confinement if they\u2019re believed to be mentally ill and dangerous to themselves or others, a process Rubin said can sometimes take years.<\/p>\n \u201cOne of the concerns is that somebody might go to the hospital for treatment, get better, go back to jail and deteriorate to the point where they are no longer capable [to proceed],\u201d he said.<\/p>\n