Tuesday, June 13, 2000

Aug. trial for man accused of killing uncle

By Steve Kemme
The Cincinnati Enquirer

        HAMILTON — James D. Sudberry, who has spent the past four months in a psychiatric institution, will stand trial in August for the 1999 stabbing death of his uncle.

        Judge Patricia Oney of Butler County Common Pleas Court on Monday declared Mr. Sudberry competent to stand trial. His trial will begin Aug. 1.

        Mr. Sudberry, 26, of Hamilton, is accused of stabbing his 37-year-old uncle, James L. Sudberry, to death with a pair of scissors on Jan. 26, 1999.

        Mr. Sudberry has pleaded not guilty by reason of insanity.

        Ronald Morgan, Mr. Sudberry's attorney, asked Judge Oney to allow Mr. Sudberry to continue to stay at the Twin Valley Psychiatric System's Dayton campus.

        The Butler County Jail is not the place for Mr. Sudberry, Mr. Morgan said.

        Assistant Prosecutor John McCracken said he thinks Mr. Sudberry should be held at the jail.

        Judge Oney said she will decide where to place Mr. Sudberry after conferring with the physician treating him.

        Mr. Morgan asked that the judge allow another psychiatric evaluation paid for by the court. Mr. McCracken opposed the request. He said Mr. Sudberry already had received an evaluation by the psychologist of his choice.

        Judge Oney tentatively denied Mr. Morgan's request but said she will research the issue and could reverse her ruling.

        Mr. Sudberry also faces two felonious assault charges stemming from an incident last year at the Butler County Jail.

        He is accused of stabbing a cellmate in the eye with a pencil and striking a deputy in the neck.


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