NC woman accused of shooting attorneys to face mental evaluation. How that works.

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 — a probe that experts say can determine if a case moves forward.

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.

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.

What does it mean to be incapable to proceed?

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 “reasonably and rationally” assist in their defense, according to North Carolina law.

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.

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.

“The question is at the present time and present point of prosecution, is the person capable of defending themselves?” Rubin said. “If there is any question of that, there will be a motion.”

What factors are considered in the exam?

In felony cases, defendants are typically transferred to Butner Federal Medical Center for observations — a process Rubin said is “more thorough” and generally takes longer than examinations for people charged with misdemeanors, which take place at local facilities.

There, evaluators test the individual’s cognitive abilities and understanding of their legal expectations, as well as compile records of the person’s medical history.

“It’s 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,” Rubin said.

How does incapacity to proceed differ from an insanity defense?

While an examination of capacity to proceed measures an individual’s current mental state, an insanity defense measures the defendant’s mental state at the time of the crime, Rubin said.

Under North Carolina law, investigators perform a “right vs. wrong test,” measuring the defendant’s ability to perceive the weight of the crime they committed, he said. Evidence from that test is “fresher” when collected immediately after the crime, he said, but the test can also be conducted later.

“With capacity, we’re looking at their mental state right now,” Rubin said. “Are they currently able to defend against the charges?”

What if a person was found to be incapable to proceed in a previous case?

White faced a misdemeanor stalking charge in 2023 when she was accused of stalking her neighbor and their family, The News & Observer previously reported. According to a court memorandum from White’s mother’s guardian, White was found incapable to proceed in the case.

And in May 2024, the Court ordered her to receive treatment with the aim of helping her regain the capacity to proceed.

“[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,” the guardian wrote.

Though evaluators consider the entirety of a person’s mental history, a court’s prior finding that a person was incapable of proceeding in a case is not a deciding factor in reaching that conclusion again, Rubin said.

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’s history, according to Rubin.

“That prior determination is not legally controlling to a later one,” he said.

How do the findings impact a case?

If a defendant is found incapable to proceed, all criminal proceedings against them must pause in accordance with state law, Rubin said.

“Our statute is based on a constitutional due process right that you can’t prosecute, convict or punish somebody if they are incapable of understanding what’s going on and defending themselves,” he said.

But it doesn’t mean the defendant is “cut loose,” 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.

A judge may choose to place the defendant in involuntary confinement if they’re believed to be mentally ill and dangerous to themselves or others, a process Rubin said can sometimes take years.

“One 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],” he said.

But according to North Carolina law, there are limits on how long restorative efforts can continue before the criminal case ends, like if a defendant is involuntarily committed for longer than a maximum prison sentence or if it becomes clear that the defendant won’t regain capacity.

“If everybody concludes the person is permanently incapable and is never going to be able to defend against the charges, then the case has to be dismissed,” he said.

The next hearing in White’s case is set for June 15.

This story was originally published May 29, 2026 at 11:26 AM with the headline "NC woman accused of shooting attorneys to face mental evaluation. How that works.."

Faith Wardwell

The News & Observer