Man who allegedly killed neighbor due to politics remains incompetent but restorable

The year will end without resolution to the 2022 case of a man fatally shot while doing yard work — the suspect continues to undergo treatment for restoration to competency.

Since Austin Combs’ arrest in November 2022 for allegedly shooting and killing his Morgan Twp. neighbor, Combs was been evaluated by at least five psychologists, declared incompetent, refused medication to restore competence then restored to competency for trial, but that designation was questioned by the by the defense.

On Wednesday, after reviewing three forensic psychological reports — one saying Combs was competent and the other two saying he was not — Butler County Common Pleas Judge Michael Oster Jr. declared Combs incompetent.

Combs remains at Summit Behavioral Health in Cincinnati for treatment and is scheduled to be back in court Jan 29 for a review hearing.

Combs, 27, was arrested hours after the fatal shooting on Nov. 5, 2022 in Okeana, and was indicted for aggravated murder a week later.

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Anthony Lee King, 43, died of multiple gunshot wounds in his yard that neighbored Combs’ residence. King was doing yard work at the time he was shot, according to investigators.

In March, Oster first declared Combs incompetent to stand trial after reviewing evaluations from two forensic psychologists. He was deemed restorable with treatment. The court by law has a year to restore a defendant to competency.

But, while being treated at Summit Behavioral Health in Cincinnati, Combs refused medication prescribed by doctors to restore his competency.

Prosecutors filed a motion asking the judge to authorize forced medication treatment for Combs.

The defense team opposed the measure, arguing doctors at Summit had a large list of medications they want authorized, some of which may have side effects, and they are not sure of Combs’ diagnosis.

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During the August hearing, a doctor treating Combs testified when Combs began refusing medication after being at the facility about four weeks, he got worse. He had been given multiple opportunities to take the meds, but refused.

Oster ordered forced medication for Combs but issued specific guidelines in the ruling.

The judge’s ruling is a final appealable order, which meant it could be appealed straight to the 12th District Court of Appeals before the case moved any further. That is what defense attorney Chris Pagan did within days of the ruling.

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So, unless Combs agreed to take his medication, the Summit staff could not treat him until the appellate court ruled.

The appeal is still pending.

But according to prosecutors, Combs did agree to take his medication, restoring his competency.

Pagan said the defense disputes the restoration.