Another Competency Trial Denied Suspect in Killings

A Superior Court judge has denied a request to grant a new mental competency trial for Billy Ray Waldon, who is accused of having committed three murders in 1985.

In a one-line written ruling, Judge Jack Levitt rejected Waldon’s attorney’s request for the new trial.

A jury ruled Sept. 21, after only two hours of deliberations, that Waldon, 34, of San Diego was mentally competent to stand trial for the three 1985 slayings.

Waldon is accused of fatally shooting Dawn Ellermann, 43, on Dec. 7, 1985, and then setting fire to her Del Mar house. Her 13-year-old daughter Erin died in the fire.

The third murder charge stems from the Dec. 20, 1985, shooting of Charles Wells, 59. Police say Wells was killed by Waldon during a police chase in San Diego after Waldon allegedly committed a robbery.

Waldon’s attorneys argued on Tuesday that errors were made in his mental competency trial.

One such error they cited was the calling of Waldon as a witness by Deputy District Atty. Chuck Patrick. Waldon refused to answer any questions on the stand.

Waldon only said that he was not being represented by competent counsel and even refused to give his name in court.

Neither Patrick nor defense attorney Geraldine Russell could be reached for comment about the ruling.