Mother continues to wait more than 12 years for justice in son's death

CHARLOTTE, N.C. — A heartbroken mother said she's still waiting for justice 12 years after her son was killed.

The suspect, Devalos Perkins, was in court Thursday but a decision in his case was postponed again.

Perkins told Judge Robert Bell Thursday that he wanted a new lawyer because Perkins said they don't see eye to eye.

Bell reluctantly agreed.

Prosecutors are wrestling with questions about Perkins’ mental health.

Dawn Dusharme’s son, Justin Ervin, was shot and killed in 2005 outside of a convenience store on Glenwood Drive trying to protect his girlfriend from three young men who'd attacked her.

“I just got a phone call and they told me he was dead,” Dusharme said. “I didn't believe it.”

She still can't believe that 12 years later, she's still waiting for someone to be held accountable for her son's death.

In 2011, police arrested a suspect named Tyrice Boyd, but prosecutors later dismissed the charges against him for lack of evidence.

In 2012, police arrested a second suspect -- Perkins. Detectives told Dusharme that Perkins was the shooter.

“He did it,” Dushame said. “I believe he did it.”

Perkins' court file is full of sealed envelopes, including psychiatric evaluations from state doctors, along with other documents showing he's been in and out of state mental hospitals while doctors debate whether he's capable of going to trial or accepting a plea deal to something less than first-degree murder.

That is a deal Dusharme could live with if Perkins admits he's guilty.

“Let him out tomorrow,” she said. “I don't care but at least make him get up there and say he did it."

Prosecutors won't comment on Perkins' case because it's still pending and Channel 9 tried to reach his attorney but has not heard back.

Court records also show that Perkins has been charged with assaulting guards inside the Mecklenburg County Jail and patients in a prison hospital. Doctors blame that on an anti-social personality disorder.

Cox Media Group