Psychologists to be at hearing in case of man who allegedly shot neighbor due to politics

Evaluators differ on their opinions that suspect has been restored to competency.

BUTLER COUNTY — Another psychological evaluation has been ordered for a man accused of shooting and killing his Morgan Twp. neighbor because apparently two other evaluators differ on their opinions that he has been restored to competency, according to prosecutors and court records.

All three psychologists are scheduled to be in Butler County Common Pleas Court on Dec. 20 for an hearing that could end the legal wrangling to determine if Austin Combs will stand trial.

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

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, Judge Michael Oster Jr. 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.

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 has 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 also ordered that because of the risk associated with certain drugs, the court should be notified immediately if Lithium and Depakote are to be utilized and “reports (are to) be submitted to the court at approximately an eight-week maximum interval to include progress towards competency and any side-effects experienced.”

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.

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.

At an October hearing, Oster ordered a “competency evaluation after completion of restoration.”

The additional evaluation was ordered Monday, likely after there was a finding of incompetent. A third evaluation would back up a split decision.

Combs remains under treatment at Summit.

Credit: Nick Graham

Credit: Nick Graham

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