A Greenwood man who is accused of molesting a child has been found incompetent to stand trial.
James Edward Dye, 30, was found incompetent to stand trial by Johnson County Superior Court 3 Judge Douglas Cummins on June 2. Dye was charged with child molesting as a Level 4 felony in September 2020.
Both the defense and prosecutors agreed to the ruling, online court records show.
The investigation into Dye began after the Johnson County Sheriff’s Office responded to a report of a possible sexual assault on Sept. 20, 2021 at a mobile home park in Greenwood.
Two people told deputies in individual interviews they found him alone in a bedroom with a child who had their pants off, according to a probable cause affidavit filed on Sept. 30, 2021.
The child said Dye pulled down their pants and touched them, court documents said.
In his interview with deputies, Dye admitted to touching the child and blamed them for the incident, court documents said.
A judge found probable cause and issued a warrant for Dye’s arrest Oct. 2, according to online court records.
When someone has been deemed incompetent by a court, it means that the individual does not currently have the mental ability to understand the nature of legal proceedings going on against them. It also means they are not able to communicate with their attorney to be able to assist in their own defense, said Joe Villanueva, prosecutor.
When this happens, the person is committed to a mental hospital determined by the Indiana Division of Mental Health and Addiction until a time when they are deemed to be competent again, such as through therapy or medication. There is not specific timeline for this, Villanueva said.
The criminal proceedings will be stayed until Dye is deemed competent once again, or if the maximum jail penalty which can be served if convicted of the crime has passed, he said.
The maximum penalty for the charge Dye is facing is 12 years in prison.
Dye’s attorney did not respond to a request for comment.