Defense: Concussions May Have Caused Poor Decision Making In Giusto Murder

The attorney for the 16-year old alleged driver moved to have his client undergo a competency and sanity evaluation. Attorney Andrew Childress filed the motion for the evaluation Monday in Lynchburg Juvenile Court because he claims his client's medical condition has left him with impaired judgement.

This coming during a scheduled preliminary hearing for his client, as well as the two other minors charged in the shooting of 20-year-old Lawrence Giusto, was continued until the end of the month.

Giusto was gunned down around 2:30 am on June 20th, while sitting in his car.

In a previous hearing, Deputy Commonwealth's Attorney Chuck Felmlee said police found several weapons in the minor's red SUV, including an AK-47 assault rifle.

In his motion, Defense attorney Childress claims his 16-year old client suffered five serious head traumas, including three from playing football.

He maintains those traumas left the minor with frontal lobe damage, causing short-term memory loss and impaired decision making skills.

Judge H. Cary Payne ordered the evaluation, which must be conducted within the next 96 hours.

In continuing the case, Judge Payne said the defense has not received all evidence from investigators, including a recorded statement between one minor and law enforcement, just before being arrested.

Preliminary hearings for the alleged driver are now rescheduled for July 28th