Attorney: Man Who Assaulted Wife Not Competent To Stand Trial< < Back to
A Millfield man accused of assaulting his wife and demanding money from her at gunpoint has entered a plea of not guilty by reason of insanity.
The attorney for Charles D. Dearth is also claiming Dearth is not competent to stand trial in the case.
Dearth, 31, of Monserat Road, Millfield, is charged with aggravated robbery, felonious assault, disrupting public service, domestic violence and two counts of intimidation of a witness.
Claire “Buzz” Ball, who is representing Dearth in the case, filed a motion on May 20 asking for the defendant to be evaluated as to his competency to stand trial and whether his mental condition at the time of the alleged offense constituted legal insanity.
According to the memorandum in support filed with the motion, Death has a “long personal and family history of mental health illness.”
The filing states that Dearth has a history of consistent pain from a knee injury several years before which has lead to depression and discussions on suicide.
On April 4, the date of the alleged crimes, the document states that Dearth attempted suicide through an intentional overdose and the intoxication from the medication led to unusual changes in his mood and behavior.
As to the competency to stand trial, Ball’s memorandum states that Dearth was not receiving proper medical treatment for his condition and has no idea as to what is going on, not even knowing he is in jail.
“He thought he was partying sitting on a couch. He was hearing voices and holding conversations among himself and with people that were not there. He also attempted suicide. He was very unaware of his actual surroundings,” the court documents state.
Dearth has since been moved to a facility where he is receiving psychiatric treatment.
Dearth is alleged to have pointed a gun at his wife, demanding money from her. He is also accused of breaking the house phone as to prevent her from contacting law enforcement and headbutting her. With regard to the intimidation of witness charges, the day following the alleged crime, Dearth reportedly threatened his wife along with a minor child who witnessed the incident and three other children in a jail phone call to his wife.
Judge Patrick Lang has ordered an evaluation as to the issue of competency and an insanity plea to be completed within 30 days.