State doctors will interview Ross Ethan Womick of Crownsville over the next two weeks to determine if that is true. A hearing on the matter is scheduled Sept. 22 in front of Circuit Court Judge William C. Mulford II.

Mr. Womick, a freshman at Old Mill High School last year, and his 42-year-old neighbor, Wayne Lewis Milburn Sr., were charged in November in connection with the Oct. 27 slaying of 23-year-old Krey Jermaine Green of Severn. Each faces first-degree murder, arson, armed robbery and several other related charges.

According to court documents, Mr. Womick confessed to watching Mr. Milburn shoot Mr. Green in the head and set the body on fire behind South Shore Baptist Church in Crownsville. He said Mr. Green was a drug dealer and that they planned to meet him, kill him, and take his money and drugs.

Carroll McCabe, Mr. Womick's attorney, said she has hired several experts to testify her client should be tried as a juvenile. Yesterday's hearing was intended to allow her to argue that point.

But one of the defense experts - a psychologist - called Ms. McCabe Wednesday and said she believed Mr. Womick was unable to assist in his defense due to "mental retardation."

"She did not believe my client was competent to stand trial," Ms. McCabe said.

Assistant States Attorney Jennifer Alexander told the court yesterday she believes Mr. Womick is competent to stand trial. She also plans to argue against Mr. Womick's case being transferred to juvenile court, but she declined further comment.

A six-day jury trial for Mr. Womick is scheduled to start Oct. 6. A seven-day jury trial for Mr. Milburn is scheduled to start Oct. 28.

Judge Mulford hopes the competency evaluation will not force those trials to be postponed, but he acknowledged that might have to happen.

"Obviously we may run into issues there," he said.

About a dozen friends and family members of Mr. Womick attended the hearing yesterday in Annapolis. While Ms. McCabe said in court papers her client is not guilty, his family doesn't dispute Mr. Womick was involved in the killing.

"He's very remorseful for this. I just don't think he understands," said Cindy Womick, Mr. Womick's mother.

She said her son is upset and that she blames Mr. Milburn for what happened.

The killing

Constellation Energy employees were checking power lines at about 10:20 a.m. Oct. 30 when they found Mr. Green's car behind South Shore Baptist Church.

Police said Mr. Green, of 8623 Pioneer Drive in Severn, was last seen alive by his girlfriend in Pikesville about 3 a.m. Oct. 27 - the same day he apparently was killed.

Mr. Womick told police Mr. Milburn shot Mr. Green as he sat in the driver's seat of a black 1992 Lexus two-door sedan. He said Mr. Milburn then shoved the body to the front passenger seat, got in the car, and drove to a wooded area about 200 feet behind the church at 725 Herald Harbor Road.

At the same time, Mr. Womick went to Mr. Milburn's house and got a gas can. He then went to a nearby gas station, got gas, and met Mr, Milburn behind the church. There, police said, Mr. Milburn used the gas to set the car on fire.

Police said the two then returned to Mr. Milburn's house and smoked crack.