Highland County attempted murder case dismissed
The attempted murder case in Highland County Common Pleas Court involving a defendant who was a juvenile at the time of the alleged offense was dismissed Friday, Sept. 18 on motion of the state.
The suspect was previously charged with attempted murder in Highland County Juvenile Court before the case was bound over to Common Pleas Court due to the type of offense charged. The juvenile, P.K., was 17 at the time the indictment on the first-degree felony charge was handed down in April and has since turned 18.
According to court records, Highland County Assistant Prosecutor Adam King filed a motion to dismiss Sept. 16 based on several factors, including a clinical statement by a court-appointed expert witness; the “defendant’s lack of criminal history;” and the “strong desire” of the alleged victim.
Upon joint motion of the state and defense, Dr. John Fabian was appointed as an expert witness in June. That appointment was vacated in August, with licensed social worker Daniel Mathuews Jr. appointed instead. According to King’s motion to dismiss, the expert witness “indicates the Defendant suffers from Battered Child Syndrome, which is an affirmative defense with merit.”
King cited Mathuews’ finding that P.K.’s alleged “actions represented a defensive mechanism to mitigate an imminent threat of violence rather than an act of premeditated criminal intent.
“[The] clinical findings confirm that at the time of the alleged incident, [Defendant] was operating under extreme psychological duress induced by long-term trauma,” Mathuews’ supplemental clinical statement is quoted as saying in the motion to dismiss. “[The defendant’s] cognitive perception was dominated by a deeply ingrained, conditioned survival response, perceiving [the alleged victim] as an immediate, existential threat.”
King wrote that the defendant “has no prior criminal history and no history of violent conduct.” He also said that “the alleged victim has expressed a strong desire that the charge be dismissed and does not wish to participate in the prosecution” of P.K.
“The State believes that continued prosecution would not serve the interests of justice,” King wrote.
In a one-sentence entry filed Friday, Highland County Common Pleas Court Judge Rocky Coss wrote that the case is “hereby ordered dismissed without prejudice.”
As previously reported, on Feb. 20 at 8:46 a.m., the Highland County Sheriff’s Office received a call of a shooting in the Rocky Fork Lake Region of Paint Township.
Upon officers' arrival, a juvenile was taken into custody by deputies, according to Sheriff Randy Sanders.
The victim was transported from the scene by Paint Creek Joint EMS/Fire District. The Ohio Bureau of Criminal Investigation was called to assist with the crime scene.
In April, P.K. was indicted and accused of “purposely and knowingly and with sufficient culpability for commission of a violation of 2903.02(A) of the Revised Code, engaging in conduct that, if successful, would constitute or result in a violation of 2903.02(A) of the Revised Code, to wit: murder.”
The juvenile’s attorney, Jacob Wagoner, filed a not guilty by reason of insanity plea on the juvenile’s behalf April 10, along with a motion for psychiatric evaluation to determine the juvenile’s competency to stand trial. The case was subsequently moved to the inactive docket.
At that time, Coss also signed orders for an evaluation of the juvenile’s mental condition at the time of the alleged commission of the offense and for an evaluation of the juvenile’s competence to stand trial. In May, the case was restored to the active docket after the juvenile was found competent to stand trial.