Local Attorney Tom Black was appointed by the court to represent Duane Nathan Longacer, the Plymouth man being held in the Marshall County Jail on charges of Murder, Arson and Resisting Law Enforcement as it relates to the death of Jill McCarty on June 28th.
Mr. Black motioned for two psychiatric examinations of Mr. Longacer based upon the actions and statements of the defendant in court and in the Marshall County Jail. Black said the examinations are necessary to determine Longacer’s competency to stand trial, as well as his competency during the commission of the charged offense.
During his initial court hearing before Judge Robert Bowen in Superior Court I Longacer was told he was being charged for murder and when the judge asked if he understood the charge he said, “Your Honor, I did knowingly intentionally kill something but it wasn’t a human being.”
The second incident Attorney Black is concerned about happened in the county jail on July 28th when Longacer allegedly intentionally injured himself by placing his pinky finger in the joint of a jail door and closed the door on it. That same day he also allegedly attempted to bite off the injured finger.
His injury was severe enough to be transported to the ER at the Plymouth hospital. When he was asked how he got the injury, Longacer reportedly said the devil, or someone working for the devil instructed him to do it.
Attorney Black’s paperwork says “These circumstances are reasonable grounds for believing that the defendant may not possess the ability to assist in the preparation of a defense.”
Prosecutor Nelson Chipman, in court paperwork said the State agrees the court should appoint two or three professionals to determine the competency of Longacer but the State does not, however, concur that an examination is appropriate procedure to determine mental state at the time of the offense.
Duane Longacer is currently being held in the Marshall County Jail on a Murder charge as a level 1 felony with a penalty that ranges from 45 to 55 years in prison. Count II the arson charge is a level 4 felony with a penalty of 2 years in jail with an advisory sentence of 6 to 12 years while Count III is resisting law enforcement as class A misdemeanor with a penalty of zero days up to 1 year in jail.
