NASHVILLE, Tenn. (WKRN) — The hearing for the Antioch Waffle House shooter continued this week as his attorneys work to prove that his previous legal team failed him, and the loved ones of those killed in the shooting spoke.

A hearing for Travis Reinking started Monday morning in Nashville. His attorneys aim to prove that Reinking's previous legal team failed him by not proving that he was insane when he killed  29-year-old Taurean Sanderlin, 20-year-old Joey Perez, 23-year-old Akilah Dasilva, and 21-year-old DeEbony Grove on April 22, 2018. The majority of Monday's hearing included testimony from forensic psychiatrist Dr. Shawn Agharkar, who had spent time evaluating Reinking while in prison.

On Thursday, attorneys for Reinking pointed to potential errors made during the first trial. Defense attorney David Raybin was called to the stand, who testified about instructions given to the jury — namely, that the jury was instructed to first decide guilt or innocence before deciding Reinking's sanity. Raybin called the law "pretty clear" in that juries are presumed to follow the judge's instructions.

"You don't bifurcate those decisions because the mental health — the definitions of premeditation and all that — have a lot to do with the defendant's state of mind," Raybin testified. "So theoretically, the jury could have just walked in there to say, 'Well, he's insane. We're gone. We're done. We don't even have to consider anything else.'"

It was also argued that Reinking's lawyers should have re-evaluated his mental state during the trial.

"You have to consider the competency of your client to be able to deal with you because competency is one of the issues in any criminal case, but particularly if you suspect that there is a mental health issue regarding the client," Raybin said. "Then, mental health becomes an issue regarding competency to stand trial."

However, the prosecution argued that evidence presented during the initial trial was sufficient to find him guilty.

"There is nothing that the court could find that this was [in] violation of the defendant's right to a fair trial," the prosecution said. "Nor were there any cumulative errors."

State Rep. Shaundelle Brooks (D-Hermitage), whose son Akilah Dasilva was one of the four victims in the shooting, was in attendance Thursday. Brooks has fought for gun reform since the shooting, even introducing "Akilah's Law" in the General Assembly.

Following Thursday's hearing, Brooks told News 2 that many emotions arose and called the week "exhausting." Brooks said she thought the hearing disregarded the pain and feelings of the victims' loved ones and demonstrated a lack of respect for the victims themselves as loved ones did not testify this week. Brooks added that the judge did not mention the victims and repeatedly said that he did not want to rule on emotions.

"We're not asking you to rule on emotions. We're asking you to do the right thing, and we cannot forget the victims ... They're the reason why we're here," Brooks said. "They took four lives, and we cannot continue to say, 'mental illness.' Mental illness should never be an excuse for murder."

"We're asking for justice and accountability for my son and all the other victims," Brooks said. "It's unfair. It's unjust. This is insane that we're here again ... You disrupted my life seven years ago, and here we are again. This is ridiculous."

The hearing has adjourned for the week. The judge has taken the case under advisement and will issue a written order.

News Source : https://www.wkrn.com/news/local-news/nashville/waffle-house-shooting-victim-loved-ones-speak/