DELAWARE — A judge has ordered a second competency evaluation for Christian Evans after his attorneys raised concerns that information from a Delaware County Jail officer may have influenced his first evaluation.
Evans, 20, is one of three defendants charged with aggravated murder in connection with the Aug. 14 shooting death of Tamela Dutcher, 55, at her Bean Oller Road home.
Delaware County Common Pleas Judge Marianne Hemmeter heard Evans’ competency case Oct. 13 and subsequently ordered another evaluation to take place within 30 days of Oct. 14.
Evans pleaded not guilty by reason of insanity Aug. 21.
According to online court records, the court received two reports from Dr. Bob Stinson, managing partner of Forum Ohio, on Oct. 8.
“One report addresses competency, and the other addresses sanity,” court records state. “The parties did not stipulate to the reports.”
Evans’ attorneys, Carlos Crawford and Caleb Carson, requested a second competency evaluation, citing concerns about a conversation between Evans and a correctional officer at the Delaware County Jail. Prosecutors did not oppose the request.
“Based upon counsel’s conversations with Mr. Evans and information obtained concerning a conversation between Mr. Evans and a correctional officer at the Delaware County Jail, questions have arisen regarding the circumstances surrounding Mr. Evans’ initial competency evaluation,” court records state.
According to the defense’s filing, Evans may have received “advice, information or direction from correctional staff” before his initial evaluation that could have affected his understanding of the process or his responses.
“These circumstances raise a legitimate concern as to whether Mr. Evans entered the initial evaluation with perceptions or understandings shaped by information provided by jail staff rather than by advice and guidance from his counsel,” the filing states.
The attorneys emphasized that they were not alleging improper influence had occurred.
“Rather, the circumstances above warrant further inquiry to ensure that any competency determination is based upon an independent, impartial and reliable assessment of Mr. Evans’ present ability to understand the proceedings against him and to assist in his own defense,” court records state.
Competency to stand trial is separate from an insanity plea. Competency concerns a defendant’s present ability to understand and participate in court proceedings, while an insanity defense concerns the defendant’s mental state at the time of the alleged offense.
Evans’ trial, originally scheduled to begin Oct. 20, has been postponed pending the results of the second evaluation.
Court proceedings delayed for other defendants
The court also postponed proceedings for Evans’ co-defendant, Dajameous Payne, 21.
Online court records state Payne’s final pre-trial and trial have been continued due to his attorney, Paul Scarsella, filing motions to allow more time to review items in discovery.
Bryanna Dutcher, Tamela Dutcher’s 18-year-old daughter and the third defendant in the case, also had her final pretrial hearing postponed. Her jury trial dates had not been changed as of publication.
The Dutcher murder case:
Tamela Dutcher, 55, was shot to death on Aug. 14 in her Bean Oller Road home.
Her daughter, 18-year-old daughter Bryanna Dutcher, Bryanna’s boyfriend Christian Evans, 20, and Evans’ roommate Dajameous Payne, 21, have been charged with aggravated murder in connection with Tamela’s death.
The court arraigned Evans and Payne on Aug. 21 and Bryanna Dutcher on Aug. 24. Bryanna Dutcher and Payne both pleaded not guilty. Evans pleaded not guilty by reason of insanity. The court maintained a $3 million bond for each defendant.
The allegations against all three defendants have not been proven in court.
Court appoints alternate executor of Tamela Dutcher’s estate
Separate probate court proceedings have also determined who will administer Tamela Dutcher’s estate.
Delaware County Probate Court Judge David Hejmanowski appointed Neil King, Tamela Dutcher’s ex-husband and Bryanna Dutcher’s father, as executor Oct. 2.
King and Tamela Dutcher remained a couple and had been living together for the last 20 years at the time of her death.
King filed an application to serve as executor Aug. 27, less than two weeks after Tamela Dutcher’s death on Aug. 14.
Tamela Dutcher’s will, dated May 6, named her daughter, Bryanna, as executor and King as alternate executor.
“A person confined in an Ohio correctional institution is considered incompetent
under R.C. 2111.01(D)(2),” court records state.
“Miss Dutcher’s present confinement prevents her from reasonably fulfilling the obligations of a fiduciary. She is therefore unsuitable and unavailable to serve as executor of the Decedent’s estate.”
