ORANGE COUNTY, Fla. — An Orlando man accused of killing an Orange County Sheriff’s Office field service officer could avoid trial — at least for now — after his attorneys argued that autism and intellectual impairment may prevent him from meaningfully participating in his own defense.
The competency question is the latest development in a case that has already been delayed for years.
Channel 9 Anchor and Investigative Reporter Daralene Jones first reported on the delays in February. Now, months later, the case is facing another potential roadblock.
Neil Demetree is accused of killing David Grassi, a 19-year veteran of the Orange County Sheriff’s Office, in a December 2021 crash.
Grassi was sitting in his patrol vehicle on Interstate 4, south of downtown Orlando, protecting a construction zone and helping keep workers safe when investigators say Demetree slammed into his vehicle.
The crash happened just days before Christmas.
According to the 2021 crash report, Demetree was traveling 87 mph and accelerating at 100% when he struck Grassi’s patrol car.
Body camera video obtained by Channel 9 also captured Demetree telling officers that he had been drinking at a local strip club before the crash.
“Three beers, Rachel’s,” Demetree said in the video.
Officers ultimately helped him get home.
‘You killed my husband. What is there to argue?’
For Grassi’s widow, Nancy, the possibility of another delay has been difficult to accept.
“I’m flabbergasted that we’re still here and you haven’t had your day in court,” Nancy Grassi told Jones.
“You killed my husband. What is there to argue?”
Nancy said she feels as though the case has left her waiting for accountability.
“I’m treated like a chess piece in the game,” she said. “And this is not a game. You took my husband’s life and there’s got to be consequences.”
Demetree faces up to 30 years in prison if convicted.
$15,000 psychiatric evaluation
The latest issue stems from an extensive psychiatric evaluation paid for by Demetree’s family. The evaluation was conducted in Texas at a cost of approximately $15,000.
Months after Channel 9’s February report on the delays, prosecutor Brian Hagner filed a motion stating that, based on representations from the defense, there were reasonable grounds to believe Demetree has autism and may be incompetent to proceed.
During a hearing this month, the court heard from the Texas-based doctor who evaluated Demetree.
Dr. Charles Nemeroff, with the University of Texas at Austin, testified about Demetree’s diagnosis and his ability to participate in the criminal justice process.
“If you couple the diagnosis of autism with the borderline intellectual impairment, then it really raises the seminal question about whether such an individual is capable of engaging in an adversarial process,” Nemeroff testified.
Nemeroff also explained that Demetree’s autism may have gone undiagnosed for much of his life, potentially because symptoms were masked by what he described as profound ADHD.
The defense is arguing that Demetree’s condition raises serious questions about whether he can understand the proceedings against him and assist his attorneys in his defense.
The issue is not simply whether Demetree has autism. The court must determine whether he is legally competent to proceed with the criminal case.
Widow questions whether Demetree was capable of driving
The competency argument is difficult for Nancy Grassi to reconcile with what happened the night her husband was killed.
In body camera video, Demetree expressed regret when Jones asked him about the crash.
“Do you have any regrets about the accident?” Jones asked.
“Oh yes, yes,” Demetree responded.
But Nancy questioned how his mental state should factor into the case.
“Wasn’t he competent when he was drinking and driving?” she asked.
She said she wants consequences for the death of her husband, regardless of where that ultimately leads.
“Whether it’s in a mental institution or what have you, there’s got to be some repercussions,” Nancy said.
Competency hearing continues
The hearing to determine whether Demetree is competent to stand trial is expected to continue later this month.
But even that proceeding is now facing a new legal challenge.
The defense has filed a motion questioning whether the psychologist retained by the prosecution was qualified to evaluate Demetree.
That means the court could have to resolve questions about the qualifications of the state’s evaluator before it can fully resolve the larger question of Demetree’s competency.
For Nancy Grassi, it means more waiting in a case that began with the death of her husband nearly five years ago.
Channel 9 will continue following the case as the court determines whether Demetree is competent to stand trial.
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