By Krystal Smalley
ksmalley@wbcowqel.com
A man charged with rape over a year ago was declared in a doctor’s report not competent to stand trial Tuesday afternoon.
Fifty-nine-year-old Burton Davis, of Galion, had been charged with first degree rape on May 31, 2012. In June 2012, Davis had been taken to Twin Valley Behavioral Healthcare Center in Columbus for one year in order to be restored to competency.
Davis returned to Crawford County Common Pleas Court Tuesday afternoon because he had reached his maximum expiration on his commitment at Twin Valley. It was the expert opinion of the doctors at Twin Valley that Davis was still not competent to stand trial even after one year. Davis also did not meet the criteria to stay at Twin Valley.
Assistant prosecuting attorney Ryan Hoovler asked Judge Russell Wiseman to hold a finding on the expert opinion. He added that Davis’s family will be filing for appropriate guardianship of Davis with the stipulation that Davis does not leave the presence of the adults he will be staying with. Jack McDonald will be filing for guardianship of Davis.
Victim’s Advocate Jim Scott informed Wiseman that the victims were juveniles and that the parents wanted Davis to get psychological help. He added that they did not want him to receive prison time.
Wiseman held his ruling until he received the results of the guardianship.