1/31/11 McVay to undergo competency exam at prosecutor's order
By Nick Sabo
January 31, 2011
292
A psychological evaluation will be conducted to determine whether a 10-year-old boy charged with shooting and killing his mother understands criminal proceedings against him.
Holmes County Prosecuting Attorney Steve Knowling said Monday/Jan. 31 that Jospeh McVay, 10, Big Prairie, will undergo a competency evaluation to see if the boys age is a barrier to his ability to comprehend the criminal justice system. The evaluation will further determine if Joseph has any mental health issues or developmental disabilities that would affect his ability to participate in his own defense, Knowling said.
A competency exam is usually ordered by a defense attorney who believes an adult defendant is not capable of understanding the court proceedings. In Josephs case, age will also be a factor, Knowling said.
His age can affect whether he is able to understand, Knowling said. If it is just age related, its just a question of how long it takes to make him understand.
The request for the evaluation was filed by Knowlings office. Knowling said he saw the question of competency as an issue that will have to be resolved before the case can move forward.
Juvenile Court Judge Thomas C. Lee has further granted a motion by Josephs attorney, Andrew Hyde, for the services of two additional psychologists to be used in drafting Josephs defense. Writing in a Jan. 26 motion, Hyde said the two psychologists are to provide an understanding of the childs emotional, psychological and behavioral traits as well as insight to a fundamental understanding of juvenile homicide. Hyde writes that the two psychologists, Dr. Drew H. Barazman and Dr. Jeffrey L. Smalldon, will provide insight into cases where a child murders their parent.
Hyde was unavailable for comment.
The psychological evaluation ordered by Knowling will be completed Feb. 8 at the District Five forensic center in Mansfield.
Joseph is charged with shooting and killing his mother, Deborah McVay, 46, Jan. 2 at their residence. He allegedly shot her in the head with a .22 caliber rifle, then called 9-1-1 from a neighbors to request an ambulance. Holmes County Sheriffs reports indicate mother and son were arguing about chores when he shot her.
A small amount of marijuana was discovered in the residence, prompting Knowling to request a blood test for Joseph to see if something of a different nature might have affected his behavior. Knowling said he does not currently have reason to believe drugs played a part in the shooting.
