A man charged in the death of his 2-month-old last year has been found unfit to stand trial.
Jamison Cyrus Allan Hendley, 23, Franklin, was charged with battery causing death on a person younger than 14 years old.
In October 2015, Hendley told police he became frustrated with the baby’s crying and shook her and then threw her across the room into a chair. The baby’s mother returned home from work to find the baby was not breathing right, and took her to the hospital. The baby died four days later, and an autopsy showed the infant died of blunt force trauma to her head, causing massive brain injuries.
After multiple interviews with police, Hendley told investigators what happened, and he was arrested and later charged with the felony count.
His case has been pending since then, and last month, Johnson County Superior Court 2 Judge Cynthia Emkes put the case on hold while Hendley is sent to the Logansport State Hospital for treatment.
The court found Hendley lacked the ability to understand and assist in his defense, according to court records.
Under the court’s order, the state facility where Hendley is sent for treatment must determine within 90 days if there is a substantial probability he will have the ability to assist and understand his defense. And if that has not happened within six months, the state facility will begin the process to have Hendley committed, according to court records.
Court records did not detail Hendley’s mental condition.
According to a request filed by the county jail, where Hendley has been housed since his arrest, local officials want him transferred to an Indiana Department of Correction facility until there is a space available at the Logansport state hospital for him.
Hendley poses a risk to himself, the jail has needed extra safety precautions to protect Hendley from other inmates due to his neglect charge and Hendley also poses a risk to staff after he was charged with an additional count of battery on a public safety officer, according to the court file.
The filing also said Hendley’s mental health status has diminished in recent months, with him refusing showers, refusing to eat, fighting others and harming himself, court records said.
Hendleys’ attorney, James Macabee, was not available on Monday.
The prosecutor’s office agreed Hendley was not competent to stand trial.
"Due process requires that a defendant be competent to stand trial. If a court rules that someone is incompetent to stand trial, they are generally turned over to the division of mental health and addiction, where they attempt to restore competency. If they are successful and the defendant later becomes competent for his trial, the trial will proceed," according to a statement from deputy prosecutor Alex Hamner said.
"Based on the evidence presented to the court, there was little question as to the current competency of the defendant. We agreed with the court that the defendant was not competent to stand trial. As a result, we are prohibited by law from moving forward with the prosecution at this time."
The prosecutor’s office takes cases similar to this one seriously, and will continue to prepare the case so that if Hendley becomes competent to stand trial, the office will be ready, Hamner said.
