First Posted: 2/4/2015
LIMA — A 20-year-old man facing the death penalty accused of killing a 17-month-old boy pleaded not guilty by reason of insanity Wednesday.
Christopher Clayton entered that plea to preserve his right to use an insanity defense, if needed, while also entering a plea of not guilty to the aggravated murder charge against him.
Clayton politely answered questions asked by Judge David Cheney of Allen Countyu Common Pleas Court. He told the judge he could not afford to hire an attorney. The judge appointed Bill Kluge and Bob Grzybowski to represent Clayton.
Clayton showed no emotion during the hearing but his voice cracked slightly when Cheney explained the penalties and asked Clayton if he understood he could be sentenced to death, which Clayton said, “Yes sir.”
The judge explained that he is charged in the Jan. 15 slaying of Xavier Wurth. The judge explained the charges that said Clayton purposely killed a child under the age of 13 and was the principal offender or was the principal offender who acted with prior calculation and design. Both are legal elements necessary to seek the death penalty.
Cheney scheduled a Feb. 25 pretrial.
The child suffered blunt-force trauma to the back of his head, a forensic pathologist ruled. Clayton told a 911 operator the child choked on his own vomit and he believed the child suffocated, which did not match the autopsy findings. The incident happened inside a house at 229 Wurster St. in Spencerville, where Clayton lived with the child’s mother, Alexis Long.
One of Clayton’s attorneys hinted the trial may not take place for a year. Attorney Bill Kluge said Clayton would waive his right to a speedy trial through March 2016. Kluge said there likely will be more than 100 motions filed.
“He has agreed and understands the necessity for that much lead time,” Kluge said.
Kluge did not seek a lower bail, which remains at $5 million.
