Ex-VCU police chief declared unable to stand trial

MEDICAL DIAGNOSIS: Read the report from a VCU psychiatrist

Former Virginia Commonwealth University Police Chief Willie Fuller is too sick to stand trial on charges that he sexually solicited a juvenile girl in January, attorneys for Fuller and Chesterfield County said yesterday.

In an unanticipated development, the charges against him were withdrawn yesterday after authorities learned Fuller suffered a brain injury and has dementia, stemming from a diabetes-related seizure he experienced June 8.

His condition may be permanent and will require round-the-clock, long-term care, according to a letter submitted to Chesterfield Circuit Court yesterday by his attorney, Arnold Henderson.

Deputy Commonwealth's Attorney David Rigler asked to have the charges not prosecuted because Fuller's condition severely limits his cognitive ability. Fuller cannot assist in his own defense, Rigler said.

"He's not going to be able to shake this off," Rigler said after court.

Acting on Rigler's motion, substitute Judge Ernest P. Gates withdrew charges of attempting to take indecent liberties with a minor and using a computer to solicit sex from a juvenile.

Unless Fuller, 50, makes a significant recovery, the case against him will not proceed. Rigler could reinstate the charges, but he indicated that wasn't likely based on Fuller's current prognosis.

Fuller was arrested Jan. 28 after police said he used a computer at his Henrico County home to solicit sex from a Chesterfield detective posing as a 14-year-old girl in an online chat room. He was indicted in May.

Fuller has been in medical or psychiatric care since his June 8 seizure. He currently is hospitalized at VCU Medical Center's inpatient psychiatry unit pending his placement in an assisted-living facility with outpatient rehabilitation services, according to the letter, dated Wednesday and signed by Dr. Sultan A. Lakhani, director of VCU's geropsychiatry program in the Department of Psychiatry.

During a July 9 evaluation of Fuller's cognitive status at VCU, it was determined that he will need assistance in "basic living skills" for the foreseeable future.

"He demonstrated difficulty with money management, safety and health, transportation, telephone, work and leisure," the letter says. "He displayed difficulty with orientation and short-term memory."

Dr. James B. Wade, a professor of psychiatry, neurology and anesthesiology at VCU Medical Center, concluded after a July 10 evaluation that Fuller suffers "significant amnesia for prior personal history," and he diagnosed Fuller as having dementia secondary to hypoxic brain injury, according to the letter.

Wade suggested Fuller's cognitive functions could improve in the next year, "given generally good health and the absence of significant psychopathology." But because of the severity of his current condition, Fuller is unable to make legal decisions, and his cognitive deficits may interfere with his ability to assist in his defense, Wade said.

The letter further states that Fuller's treatment team anticipates he will require cognitive rehabilitation for his memory, "24/7 supervision," and treatment at the hospital's brain-injury clinic after he is discharged from the psychiatric unit.

"His prognosis for attaining an ability to assist in his defense in the short term and the long term is guarded," the letter says.

Fuller had a history of diabetes-related problems before his arrest. After his seizure June 8, he was found to have a metabolic complication of diabetes. During his hospital stay, doctors found Fuller had multiple medical problems, including Type 2 diabetes.

VCU hopes to have a permanent replacement for Fuller hired by November or December, spokeswoman Pam Lepley said. The university has conducted a national search, and more than 100 people have applied.

Contact Mark Bowes at (804) 649-6450 or mbowes@timesdispatch.com.