Mathews was arrested two days after the June 25 shooting outside the Dayton Lane Pub. He is being held in lieu of $1 million bond.
Last month, defense attorney William Oswall Jr. filed a motion requesting the evaluation, stating Mathews “may have a mental disease or defect ... that made him unable to fully comprehend the proceedings in the court at this time and/or unable to assist counsel in preparation and defense of his case.”
Mathews is scheduled to be back in court Oct. 9 for a competency evaluation hearing.
Credit: Nick Graham
Credit: Nick Graham
Miller, 34, of Hamilton, died at a hospital following the shooting in the 1100 block of Dayton Street about 2:40 a.m. June 25.
The shooting happened behind the Dayton Lane Pub where Miller had been a patron, according to his family. He was “found unconscious in his vehicle with two gunshot wounds,” according to the police report.
Miller was shot twice in the chest but may not have been in the car when shot because a full round was found in front of a car tire, according to police and dispatch records.
When arrested, Mathews was in possession of a loaded 9-millimeter handgun in the pocket of a sweatshirt jacket, according to police and court records.
A male placed a 911 call telling the dispatcher, “We are at Dayton Lane Pub. Shots fired. Boy is in his car, I think he has been shot.”
The caller said the victim was not breathing well and the vehicle was parked in the lot behind the pub.
Miller worked at an area concrete company and loved softball and baseball, said Angela Downard, Miller’s aunt.
“Tracy was a very good-hearted young man and he was a God fearing young man with a strong faith base,” Downard said. “He loved his family and was goal driven. He wanted to prosper and have a healthier, happier life.”
Miller attended Hamilton High School and was raised by his grandmother, so he also spent several years in Kentucky, she said.
“He had been really happy that last six to eight weeks. Happy about going to work and was really motivated,” Downard. “He was wonderful and had no problem telling any of us that he loved us.”
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