Suspect who allegedly killed neighbor due to politics is taking his meds, but attorneys still say he is not fit for trial

911 caller tells dispatcher shooter thought victim ‘was a Democrat.’

Credit: Lauren Pack

A man accused of shooting and killing his Morgan Twp. neighbor has apparently been restored to competency following a saga of legal hearings, including a ruling for forced medication, but the defense says he’s still not fit for trial.

Austin 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, Butler County Common Pleas 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 and 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, including “close monitoring of defendant’s health, with the understanding that treatment should stop in the face of major side effects or other problems and a report made to the court.”

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 a Monday hearing, Oster ordered a “competency evaluation after completion of restoration.”

Combs remains under treatment at Summit and is scheduled to be back on court Nov. 6 for the latest evaluation hearing. His bond is $1 million.

Austin Combs, charged with aggravated murder in the shooting death of his Morgan Twp. neighbor, was in Butler County Common Pleas Court Thursday for a hearing. NICK GRAHAM/STAFF

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Austin Combs, accused of shooting his neighbor in Okeana, appeared for a hearing in Butler County Common Pleas Court Monday, Nov. 21, 2022 in Hamilton. NICK GRAHAM/STAFF

Credit: Nick Graham

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Credit: Nick Graham

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