LIMA — A second evaluation for competency was ordered for Dale Agnew after an initial report ruled he was not competent to stand trial.
Agnew, 46, of Waynesfield, is incarcerated on charges of attempted murder and kidnapping of his ex-wife.
The initial evaluation was dated Dec. 12 by the Forensic Psychiatry Center for Western Ohio. A competency hearing was originally scheduled for December but was postponed due to new information in the form of telephone calls made to and from Agnew while incarcerated. A hearing on Dec. 21 determined those recordings would be forwarded to the psychiatric evaluator to take into consideration for the evaluation.
The evaluation reviewed a list of 10 items testing competency, as well as the addendum information, and also suggested that Agnew’s mental state is “restorable.” The prosecution moved for a second evaluation, granted by Allen County Common Pleas Court Judge Terri L. Kohlrieser, on the basis that the findings of the first evaluation were unclear. The hope is that the second evaluation, which will take into account the original information presented as well as the addendum information, will resolve the confusion of the first report.
The defendant’s attorney objected to the further evaluation, citing continuing to hold Agnew was cruel and unusual punishment since it was determined he needed mental help. The defendant also added to that objection by stating this would essentially be a third evaluation considering the addendum of the telephone calls.
Prosecution requested the further evaluation be completed by NorthWest Ohio Psychological Services in Toledo. Recommended names are required by noon Wednesday to Judge Kohlrieser, and the evaluation will be done as soon as possible to avoid holding Agnew any longer than necessary.
Agnew was indicted Sept. 13 by an Allen County grand jury on attempted burglary, kidnapping and aggravated burglary counts in addition to a fifth-degree felony charge of possession of criminal tools. He was called to court on Aug. 22 on the charges in kidnapping on the allegation of removing or restraining Lisa Agnew with intent to “terrorize or to inflict serious physical harm upon the victim …” Agnew’s bond is set at $1 million.
Reach Tara Jones at 567-242-0511