FIRST REPORT: Middletown man charged with raping fellow assisted care facility resident
On Dec. 28, defense attorney Dennis Adams filed a motion suggesting Earls is incompetent to stand trial and requested an evaluation.
“Counsel has reason to believe that defendant may have a mental disease or defect that makes him unable to fully comprehend the proceedings in this court at this time, and/or is unable to assist counsel in preparation and defense of his case,” Adams wrote in the motion.
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McElfresh ordered an evaluation of Earls’ mental condition and set a hearing for Jan. 18.
Officers were called to the facility on Nov. 17 by staff member who said there was a female resident screaming.
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The worker thought the woman had fallen, but when she went into the room, she saw Earls, also a resident at the facility, on top of the woman, according to the police report. Both were naked.
A medical squad transported the woman to Atrium Medical Center, where an examination was performed and a rape kit was completed.
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Earls was taken to the detective section. Lt. Scott Reeve said detectives were going to take the case directly to a Butler County grand jury for presentation but decided Earls needed to be taken into custody.
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