News
Grandfather in the Vinton County child endangerment case ruled incompetent to stand trial
By: David Forster
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MCARTHUR, Ohio (WOUB) — A Vinton County man facing multiple felony charges over the deplorable conditions his 16 grandchildren were living in has been found incompetent to stand trial.
The report on Gary Siders Sr.’s mental condition also concluded he is not restorable, meaning that even with time and treatment he could not be restored to a condition where he is competent.
Vinton County Prosecutor William Archer did not raise any objections to the findings at Siders’ brief evaluation hearing Wednesday before Common Pleas Court Judge Laina Fetherolf Rogers.
Siders’ attorney, Dorian Baum, said after the hearing that given the degree of Siders’ mental decline, he believes it’s unlikely a commitment would be of much value. Baum said he expects the case against Siders to be dismissed soon.
Siders, his wife, Christina, his son, Gary Siders Jr., and his daughter-in-law, Elizabeth Siders, were arrested in late June after officers found 16 children in a room in a rental home in Hamden.
The four were all indicted on multiple felony and misdemeanor charges of child endangerment. They each requested evaluations to determine whether they are competent to stand trial.
The evaluations are done by psychiatrists. The key questions are whether a defendant understands what is happening and whether they can participate in their defense. If the answers are no, the next question is whether the defendant, with treatment, can be restored to a point where they are competent.
Gary Sr. was the first to request an evaluation and therefore the first to have a hearing before the judge based on the psychiatrist’s report and recommendation. Hearings will be scheduled at some point for the other three defendants as their evaluation reports are completed.
Baum said he has raised concerns about Gary Sr.’s mental condition since he first saw him. At his first court appearance, Gary Sr. grunted and appeared unable to speak when asked by the judge to enter a plea.
“He is not a person who is well,” Baum said after the hearing Wednesday.
Baum noted that while some might see Gary Sr. as escaping justice for his alleged crimes, in the American legal system it is considered inhumane to prosecute someone who is not competent.
“If what people want is their pound of flesh, fine,” he said. “But we don’t live in that kind of society.”
Gary Sr. was released from jail on a recognizance bond several weeks ago and will remain free as the prosecutor decides what to do next.