Monday, December 17, 2018 Elyria 32°

Cops and Courts

Man found incompetent to stand trial in trooper assault

  • Cornelius-Carey

    Cornelius Carey



ELYRIA — An Elyria man accused of injuring an Ohio Highway Patrol trooper in an altercation has been deemed incompetent to stand trial.

Cornelius Carey, 44, through a motion filed by his attorney, pleaded not guilty by reason of insanity to charges of felonious assault, obstructing official business, resisting arrest and three counts of kidnapping in January.

Dr. Nicole Livingston of District V Forensic Diagnostic Center submitted a competency report on Carey that was used as evidence in a hearing before Judge Raymond Ewers on Wednesday.

“Based upon the evidence presented, the court finds by a preponderance of the evidence that, because of the defendant’s present mental condition, the defendant is capable of understanding the nature and objective of the proceedings against him but is unable to assist in his defense due to the symptoms of his present mental condition, the court hereby finds the defendant incompetent to stand trial,” a ruling signed by Ewers said.

The ruling said there is “substantial probability” that Carey will become competent to stand trial within one year if he’s provided with a course of treatment. Carey is to be committed to Northcoast Behavioral Healthcare for competence restoration treatment, according to the ruling.

Carey is to be transported to the center when a bed becomes available. A six-month review hearing is scheduled for Sept. 5.

On Jan. 11, a trooper from the Elyria post went to check on the welfare of a man walking in the road just outside LaGrange around 7:16 a.m. The man, Carey, was walking in the middle of Diagonal Road near Whitehead Road, troopers have said.

Trooper Lance Deshuk found Carey near the intersection of Diagonal Road and Biggs Road. Carey was confrontational and struck Deshuk in the face, troopers said.

A LaGrange Township woman who was driving by the scene called 911, telling the operator she saw the man “brutally beating the officer.” The woman said the man bit half of the trooper’s ear off.

Carey is being held in Lorain County Jail on $1 million bond.

Contact Scott Mahoney at 329-7146 or Follow him on Twitter @SMahoneyCT.

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