Judge finds McVay can be brought to competency on murder charges

A Holmes County Juvenile Court judge issued a ruling Tuesday, Sept. 6, that a Big Prairie juvenile who allegedly shot and killed his mother can be made competent to stand trial.

Juvenile Court Judge Thomas D. Lee ruled that Joseph McVay, 11, Township Road 511, is currently not competent to assist in his defense, but can be restored to competency within a year. A future hearing will be scheduled to determine the best course of treatment for McVay, who is charged with fatally shooting his mother, Deborah McVay, 46, Jan. 2 at their Big Prairie home.

In his ruling, Lee agreed with recommendations brought in a August 16 competency hearing by the state’s witness, Dr. James Karpawich. At the hearing, Karpawich said that McVay is suffering from numerous emotional issues that prevent his understanding of the court proceedings. Lee notes that Karpowich found McVay “is presently suffering from depression, anxiety and possible underlying symptoms of post-traumatic stress disorder.”

Karpawich testified that McVay can be brought to competency through treatment and education on how the court system works.

Lee threw out the testimony of Dr. Jeffrey Smalldon, who testified August 16 for McVay’s attorneys, Andrew Hyde and Thomas White. Smalldon testified that a timeline could not be set for when McVay could fully contribute to his defense.

Lee rejected Smalldon’s testimony on technical terms, finding that Smalldon failed to follow evaluation rules for competency as defined by the Ohio Revised Code.

Without Smalldon’s testimony to be considered, Lee has only Karpawich’s opinion. Lee writes that Karpawich “applied the correct statutory competency standard and process.”

Lee suggests the hearing to determine a course of treatment be scheduled soon.

“(McVay) has been in detention since the beginning of January 2011 and it is in the best interest of the juvenile that the treatment hearing be held as soon as possible,” Lee wrote.

McVay has been charged with delinquency by virtue of committing murder and could be incarcerated until age 21 if convicted. He is currently held at the Richland County Juvenile Justice Center.