ELYRIA — A Lorain man accused of shooting his wife’s friend in Avon earlier this year is hoping to have the public pay for a second psychiatric evaluation to determine his competency to stand trial for the incident.
Joshua Avalos, 29, was indicted on charges of attempted murder, felonious assault and improperly handling firearms in a motor vehicle, along with other charges, in connection to the April 27 incident. According to police, on that day Avalos went to Technifab on Chester Road in Avon about 8:30 a.m. and opened fire on 37-year-old Kevin Fenderson in the parking lot, hitting him in the back.
The wounded Fenderson was able to get into his car and drove from the parking lot, pursued by Avalos, police have said. The chase, which drew numerous 911 calls, ended in a crash at Colorado and Carleen avenues.
Brittany Avalos, who described herself as Joshua Avalos’ “soon-to-be-ex” in a 911 call, told law enforcement that Fenderson was a friend.
The motion filed in Lorain County Common Pleas Court on Friday asks the court to appoint Dr. John M. Fabian, a forensic psychologist and neuropsychologist to examine Avalos, review existing medical and psychological evidence and reports and render an opinion concerning Avalos’ competency to stand trial as to his mental condition at the time of the offenses.
“Additionally, the defendant is currently indigent and unable to obtain an independent expert evaluation,” the motion said. “Thus, it is respectfully requested that this Honorable Court order that the independent evaluation be at public expense….”
Avalos has pleaded not guilty by reason of insanity to the charges, according to the court docket. He also was referred to a forensic diagnostic center for an evaluation of his competency to stand trial in September, according to the docket.
“We’re looking for a second evaluation because I think he has some serious mental-health issues,” defense attorney Mike Duff said. “I’d like an experienced psychologist to look at him. Dr. Fabian, in Cleveland, will do the exam, once the court authorizes that.”
Duff said he believes more than one doctor should look at Avalos.
Avalos’ trial is scheduled for January, but Duff believes the date will be pushed back to give Fabian time to conduct his analysis.