LIMA — A judge on Monday said he would take under advisement a second psychiatric evaluation on a boy who is accused of raping a 90-year-old Lima woman when he was 13.
Maurice McGill, now 14 and in custody of Allen County Juvenile Detention, also waived his right to a speedy trial Monday during a competency hearing before Judge Glenn Derryberry of Allen County Juvenile Court.
McGill is charged with rape, aggravated burglary, aggravated robbery and abduction. The victim is now 91 years old.
Police officials said the crime happened at 9:30 p.m. Aug. 13 at her home in the 200 block of Haller Street. A boy knocked on the woman’s door and forced his way inside as she answered.
McGill’s attorney, Joe Benavidez, requested the second evaluation in May after receiving the first one. Derryberry granted the request.
A trial date has not been set.
McGill will be tried as a juvenile because Ohio law requires a child be at least 14 years old to be tried as an adult. Prosecutors, however, are trying the case under Ohio’s Serious Youthful Offender law, which allows for a blended sentence.
That means McGill eventually could end up in the adult system, if convicted of the crimes, where he could face more than 30 years in prison. The possibility of an adult sentence, in theory, gives the offender an incentive to stay out of trouble and to get his or her life in order while in a juvenile facility. Committing another crime or serious violation could send the child to the adult system to serve out the sentence imposed as an adult.
If the offender successfully completes prison as a child without getting in trouble, the offender would be released no later than his or her 21st birthday.
McGill was linked to the rape through DNA evidence.