By Janice Morse
The Cincinnati Enquirer

HAMILTON - Tom West, accused in a deadly shooting spree, has been found competent to stand trial after he told a psychologist that he wants to cooperate with a new lawyer and avoid the death penalty.

Common Pleas Judge Keith Spaeth on Friday said he was satisfied with the opinion of Robert J. Kurzhals, a clinical psychologist who said West met the two-part test of competency: He understands the proceedings against him and is capable of assisting in his own defense.

Throughout a 90-minute interview with Kurzhals, West avoided talking about events that led to his arrest in the Nov. 6 deaths of two men and wounding of three others at Watkins Motor Lines Inc., in West Chester Township.

But Kurzhals said West insisted: "I want to talk to Mr. Watkins ... the owner of the company ... (about) my story."

He wouldn't elaborate except to say that health problems are related to his "story."

Between repeated replies of "I don't want to talk about it," West revealed some additional background about himself, his psychological evaluation says, including:

• He had been supporting himself by gambling in Las Vegas, Mississippi and Florida five or six days a week the past two or three years.

• During his childhood in Illinois, West fought bullies, he said: "I was a hero. ... I just felt like a hero ... do the right thing and stuff ... stick up for the underdog." He wouldn't say whether he continued to view himself that way.

• West said he knew prosecutors' goal was "putting me to sleep ... the death penalty." He said he didn't want to die and wanted to avoid more time behind bars. When asked what he might consider a positive outcome for this case, he "burst into laughter and stated, 'I don't want to talk about it.'"

Before Friday's 15-minute court hearing, Jay Fisher, father-in-law of shooting victim Donald Haury, gasped upon the sight of West.

Fisher, the first relative of a Watkins shooting victim to attend one of West's court appearances, said he came to watch West's behavior.

The trial is tentatively set for May but might be delayed until July because of a change in attorneys.

West, who was agitated during a November court hearing, was deferential as Spaeth agreed to appoint a new lawyer for him.

West had originally told Spaeth he wanted to act as his own lawyer. On Friday he said he would be satisfied if Spaeth replaced his first court-appointed attorney, Greg Howard, because "I was uncomfortable with him right from the start."

West said he disagreed with Howard's decision to file a not guilty by reason of insanity plea - but Assistant Prosecutor Craig Hedric, a former defense lawyer, said he doubts there are many alternatives for West.

"I think the evidence is so strong in this case that that's the only option they've got," Hedric said.

Spaeth said Howard, who is one of only three Butler County lawyers certified to lead death-penalty defense teams, had behaved "with the utmost professionalism" in the case. "But we will bend to the wishes of the defendant, given the seriousness of these charges," Spaeth said. He appointed Chris Pagan to represent West; Noah Powers will serve as co-counsel.

His next hearing is set for Jan. 7.

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E-mail jmorse@enquirer.com