10/17/11 Juvenile murder suspect placed in treatment program

  • By Nick Sabo
  • October 17, 2011
  • 274
                        
SUMMARY: Judge will not disclose location where Joesph McVay will undergo competency treatment An 11-year-old boy charged in the shooting death of his mother has been placed in a treatment program, but the location of the program will remain under seal. Holmes County Assistant Prosecuting Attorney Sean Warner confirmed Monday Oct. 17 that Joseph McVay, 11, Big Prairie, is in a court-approved program where he will receive treatment to restore competency to stand trial on a murder charge. Warner declined comment as to the nature of the placement. “(Juvenile Court Judge Thomas Lee) has ruled on where Joseph will receive competency attainment treatment,” Warner said. “I don’t want to comment on the possibilities (of where) because of security.” Lee ruled Sept. 6 that Joseph is currently not competent to stand trial but can be restored to competency within a year through counseling and other treatment. Lee was presented with placement options by Warner in a closed hearing Sept. 23 but did not rule on them that day, Warner said. After the hearing, Warner said he would be opposed to placement that did not involve a secure facility. The Sept. 23 hearing was attended by Joseph’s legal council, attorneys Andrew Hyde and Thomas White. Following the hearing, Hyde said he opposed sending Joseph to a treatment facility. Attempts to contact Hyde for comment on the recent ruling were unsuccessful. Warner said Lee chose to seal the location due to safety concerns. Lee was not available for comment Monday. An Oct. 8 ruling by Lee will further protect Joseph from prosecution based on statements he makes while receiving treatment. In the ruling, Lee writes that “No statement made by (Joseph) shall be referred to and/or sought to be introduced into evidence” for future hearings. Essentially, it means Joseph may speak freely while undergoing treatment without fear that the state “can turn his words against him in a determination of innocence or guilt”, Warner said. Warner said Joseph’s case will proceed to trial once the desired level of competency is reached. Joseph is charged with delinquency by virtue of committing murder for allegedly fatally shooting his mother, Deborah McVay, 46, Jan. 2 at their Big Prairie home. If convicted Joseph may be incarcerated until age 21.


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