Jarrett Traylor appeals his conviction for felony murder while in the commission of aggravated assault in connection with the fatal shooting of Matthew Antonio Stark and the denial of his motion for new trial in which he challenged his competency to stand trial. For the reasons which follow, we affirm in part and reverse in part and remand the case to the trial court.1 The evidence construed in favor of the verdicts showed that on September 12, 2002, Kenneth Robinson met Bryan Schiele and Matthew Antonio Stark near their neighborhood basketball courts. Robinson and Stark discussed rumors that “Dread,” as they called Jarrett Traylor, planned to “kick their butts.” Robinson suggested to Stark that they talk with Traylor. Robinson, Stark, and Schiele went to see Traylor at the home of Donald McFarland; Robinson drove his car with Stark in a passenger seat. Schiele rode his bicycle. They were planning to talk, not fight, and were not carrying any weapons. When the trio arrived, Traylor was standing in McFarland’s front yard talking with McFarland and Jameel Rasheed. Robinson got out of his car and walked slowly toward Traylor, asking him “what the f _ _ _ is going on.” Robinson stayed a short distance from Traylor and did not attempt to touch him. Traylor had his hands behind his back, was looking at Robinson, and took a couple of steps back. Traylor said nothing. Traylor then pulled a black semiautomatic .40 caliber Glock handgun from behind his back, and fired five times. Bullets struck Stark, Schiele’s bicycle, and Robinson’s car. Neither Schiele nor Stark had entered the yard. Traylor fled. Robinson put the fatally wounded Stark in his car and drove to a hospital. Stark bled to death.
A few weeks before the shooting, Traylor’s stepfather, with whom Traylor was living, reported to the police that his black semiautomatic .40 caliber Glock handgun had been stolen from his vehicle. There were no signs of forced entry to the vehicle. During that time frame, Traylor showed Schiele a handgun, and stated, “If anybody messes with me, I’ll shoot them.” About a week before the shooting, Traylor was seen arguing with Stark and Robinson, and later displayed a black semiautomatic handgun. Traylor remarked that if Robinson ever “came at him with a gun” he would shoot him.
