Suspect accused of killing Shell gas station clerk, pregnant girlfriend 'not competent' to stand trial

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Family of Denise Middleton remember her and her unborn child

The suspect accused of murdering a gas station clerk and his pregnant girlfriend was found not competent to stand trial Monday in a Montgomery County court. FOX 5's Stephanie Ramirez has all the details.

The suspect accused of murdering a gas station clerk and his pregnant girlfriend was found not competent to stand trial Monday in a Montgomery County court. 

The body of his pregnant girlfriend, Denise Middleton, was found after police went to arrest 31-year-old Torrey Moore for another person’s murder. 

On Monday, Montgomery County Judge Amy Bills found Moore to be both a danger to the community and not competent to stand trial. The judge ordered Moore to continue to be held without bond after reviewing a psych evaluation Moore completed since he appeared in court a week ago.

Suspect arrested in fatal Shell gas station shooting had dead body in home: police

States Attorney John McCarthy told reporters the determination had to do with the 2nd prong of competency, which covers whether the person arrested is able to assist their attorney in their own defense.

Moore's court appearance was actually a continued bond hearing on charges connected to the murder of a Shell gas station clerk named Ayalew Wondimu. The 61-year-old’s family held a homegoing service for the victim last week.

FOX 5 also learned on Monday that some eight-to-nine days after charges were filed, Moore still hadn’t been served with a warrant on the additional murder charges for the homicide of 26-year-old Middleton and her unborn child.

Middleton’s family held a vigil for the two this past weekend, revealing that the baby boy she was nine months pregnant with, was supposed to be named Ezekiel.

In video of this weekend’s vigil shared with FOX 5, you see a pair of baby shoes propped up against the victim’s apartment door. Her nickname, "Dee Dee" was spelled out in candles. There was also a balloon release. The family issued a statement, mentioning Middleton could not wait to be a mom.

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"Heartbroken" Family of murdered pregnant woman speaks; suspect back in court

The family of a pregnant woman found dead in the home of a man suspected in the murder of a Silver Spring gas station attendant is speaking out just as the suspect is due back in court.

McCarthy said it was "surprising" charges hadn’t been filed yet. He said it has to do with the jail, for whatever reason, not releasing Moore to police, so he can be taken to a commissioner to be arraigned on the two additional murder charges.

When asked whether there are concerns this could delay justice for Middleton’s family, the states attorney said, "No, it’s not going to delay anything. It’s a procedural thing."

"When we get to indicting these cases, it’s going to have no effect on the case whatsoever. No prejudice to the state," McCarthy added. "It’s just out of the ordinary that someone would not be taken to the commissioner in a more timely fashion."

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Moore did speak in court on Monday. The 31-year-old asked the judge to release him to pretrial services, so he can get back to the business he claims to own. He also spoke of wanting to be with his family.

The state's attorney expects Moore to be served for Middleton and her child’s murder by Tuesday. He will then have to appear for another bond hearing.

Until then, Moore is scheduled for a preliminary hearing on Jan. 6 and a competency hearing about 6 months from now, on June 13.