Murder suspect to have mental evaluation

BLOOMFIELD, Mo. -- A Stoddard County judge has ordered a Bernie, Mo., woman be committed to a mental health facility to determine her competency to stand trial for a man's stabbing death.

Presiding Circuit Judge Stephen Sharp issued an order Monday directing the Stoddard County Sheriff's Department to transport Angela McCoy to the Fulton State Hospital, a division of the Department of Mental Health, for "such a period as may be necessary to determine the issue of her mental fitness to proceed."

McCoy, 39, and her 37-year-old husband, Allen McCoy, are charged with first-degree murder, first-degree robbery and two counts of armed criminal action in connection with Aubury Lee Finch's death June 28, 2010. If convicted of the murder charge, the McCoys could be sentenced to death.

Finch, 67, was found dead inside his Bernie home after authorities received information from witnesses indicating Allen McCoy had told them he had robbed the man and stabbed him several times.

At the state's request, Sharp issued his order seven days after the defense filed motions for a mental evaluation of competence to commit the accused to a suitable mental facility until further order of the court.

Representing McCoy are Janice Zembles and Charles Moreland with the Capital Public Defender's Office in Columbia, Mo.. In support of the motion to have McCoy committed, the attorneys said, their client was evaluated Aug. 10 by Dr. A.E. Daniel.

Following his evaluation, the attorneys said, Daniel said McCoy "is currently at substantial suicide risk," is not being properly medicated, needs immediate hospitalization in a psychiatric unit and needs her medications adjusted in a hospital setting.

In his letter to the attorneys, Daniel said, he spent about two and three-quarter hours with McCoy at the Stoddard County Jail.

"I have diagnosed her with major depressive disorder, chronic and severe, with psychotic features," Daniel said "The psychotic symptoms include auditory hallucinations, which are of command nature."

Other significant symptoms, Daniel said, include recurrent and severe nightmares, melancholic depressed mood and affect, crying and tearfulness.

"She spends an enormous amount of mental energy to ward off hallucinatory instructions to kill herself," Daniel said. "She sees no future for herself and perceives that she was wrongly charged."

In Daniel's professional opinion, he said, it is likely McCoy "will engage in suicidal behavior. She has made two serious suicide attempts in the past. …"

Daniel said a medication change recently ordered by the jail physician "is woefully inadequate to meet her current psychiatric needs."

McCoy, Daniel said, had been "adequately treated" with a combination of an antipsychotic medication and an antidepressant; however, the antipsychotic medication was discontinued while she has been in jail.

It has been replaced by another antipsychotic medication, which has "not been as effective," he said.

It was Daniel's recommendation for McCoy to be "immediately hospitalized in a psychiatric unit and her medications adjusted."

Hospitalization, he said, is the "most prudent step to treat her major depression and suicide risk."

Having fully considered the motions and being "fully apprised," Sharp said, a "report concerning the mental condition of (McCoy) is necessary to determine the issue of her mental fitness to proceed … and she presently needs committed to a suitable mental facility pending determination of her present competence."

Sharp also directed McCoy's examining physician(s) to provide a report to the court detailing their findings, as well as opinions as to whether McCoy has a mental disease or defect, and whether, as a result of a mental disease or defect, lacks capacity to understand the proceedings against her or to assist in her own defense.

The report, Sharp said, also should include recommendations as to whether McCoy should be held in custody in a suitable hospital facility for treatment pending determination by the court of her mental fitness to proceed, and whether, if found mentally fit to proceed, should she be detained in such facility pending further proceedings.

If McCoy is found to lack capacity to understand the proceedings and assist in her defense, Sharp also asked for an opinion on whether there is "substantial probability that (she) will be mentally fit to proceed in the reasonably foreseeable future."

Sharp ordered the Department of Mental Health to keep McCoy in the Fulton State Hospital and provide her with treatment "deemed medically necessary and appropriate" until further ordered by the court

Pertinent address:

Bernie, MO

Bloomfield, MO