BUCYRUS — Adam Gunter, formerly of Galion but currently housed in the Gallipolis Developmental Center in Gallipolis, Ohio, appeared in Crawford County Common Pleas Court on Wednesday.
Gunter, 41, was charged with rape, a first-degree felony in 2018. His victim was an infant then four months old. According to charges, Gunter placed his penis in the infant’s mouth causing damage consistent with a sexual assault.
Due to the age of the victim, Gunter faced life in prison without the possibility of parole. Gunter, who is intellectually disabled, shared the home with two other disabled men. The woman in charge of the home left the infant in Gunter’s care while she went to listen to karaoke at a local Galion establishment.
Gunter’s attorney, Adam Stone, raised questions of competency on behalf of his client. At one point, Stone even made a motion for a change of venue for trial because of local press coverage.
Common Pleas Court Judge Sean Leuthold has had Gunter evaluated five different times. The last three of those evaluations agreed that Gunter was incompetent to stand trial and unable to assist in his own defense. Leuthold ordered Gunter sent to the Gallipolis Developmental Center for a four-month course of treatment to restore him to competency.
According to the findings of Dr. Kimble of the Gallipolis Center, it was not possible to restore Gunter to competency. He noted a history of intellectual disability and an IQ of 56 as factors. Kimble said that Gunter had deteriorated to the point of incompetency.
Leuthold was exacting in explaining the next steps for Gunter. Leuthold noted that there were no findings by the court of Gunter’s mental state at the time of the rape.
“Mr. Gunter has not been found innocent by reason of insanity. He has been found not competent to stand trial,” Leuthold said. “I am not permitted to proceed to trial in this case. However, the court can exercise jurisdiction over this matter.”
Leuthold explained that he had to determine clear and convincing proof of Gunter’s guilt in the matter. He noted that, while it does not bear the same burden as in a trial, he must determine if there is clear and convincing evidence that Gunter committed the crime.
Assistant prosecutor Ryan Hoovler submitted the Galion Police Department Report of the incident which included details of the injuries. While Leuthold did not read the report into the record, he noted there was an admission by Gunter to committing the act.
“The evidence is clear and convincing. The crime was committed. I cannot enter a guilty finding because this is not a trial,” Leuthold said. “There are several factors that support institutionalization. Mr. Gunter has a moderate level of developmental disability. He is a danger to himself and others. He was living in a home with two other gentlemen in similar situations. The person in charge of this house was so derelict in her duties that it is mind boggling. She left an infant with this man and two others in the house.”
Leuthold determined that Gunter would stay at the Gallipolis Developmental Center permanently.
“He will not be returned to the community. He will be in a lock-down facility and he will go nowhere unsupervised,” Leuthold said. “The court can keep him there for the remainder of his life.”
Leuthold said that if at some point Gunter is determined competent, he will still not walk free.
“If Mr. Gunter is found competent in the future, he will return to this jail and proceed through trial,” Leuthold said. “He doesn’t get to walk away from this crime if someone deems him competent.
“While I cannot proceed to trial, I can and did take steps to protect the defendant and the public. It is highly unlikely I’ll ever allow relaxed supervision under these circumstances.” Leuthold added.
The Gallipolis Developmental Center will provide ongoing reports to both the court and Stone. If there are any issues with Gunter, he will come back to Crawford County and face Leuthold.