In this case, that determination will be made by a jury rather than a judge.
Jury selection started Monday morning and the jury was seated by noon. The 39 year old woman stands charged with shooting 70 year old Pete Batey with his own gun after he picked her up and gave her a ride.
According to WAFF TV48 investigators believe Westbrook stole money from the victim’s wallet before fleeing the scene in Batey’s truck near Geraldine back in March of 2011.
If Westbrook is declared competent a trial date will likely be set – if not, prosecutors believe that she will be committed to a state institution until she is deemed competent.
The only issue the jury will be asked to decide in the upcoming trial is whether or not Westbrook is competent to stand trial for the capital murder charge.