by Kevin Lilly
Pharos-Tribune news editor
July 18, 2008 12:00 pm
—
A competency hearing has been scheduled in the case of a Logansport man accused of hitting his girlfriend in the head with a hammer.
On Thursday, 24-year-old Derek Lashaun McDonald appeared in Cass Circuit Court for a hearing tp discuss psychiatric examinations recently filed by two physicians. Although their contents were not revealed, Judge Leo Burns characterized them as “divergent.”
Public defender James Knight called for a competency hearing so both doctors could testify about their findings. The judge granted the request and blocked off two hours for Aug. 19.
Before moving forward in the case, the court must know that McDonald can help his attorney in preparation of his defense.
McDonald is charged with intimidation and battery by means of a deadly weapon, both class C felonies, and misdemeanor domestic battery, public intoxication and possession of marijuana. He has been in the Cass County Jail on a bond of $2,000 cash/$10,000 surety since his arrest.
On the night of Jan. 24, police apprehended McDonald after he allegedly assaulted his girlfriend, Melissa Hipsher, in the 200 block of West Miami Avenue.
According to a police report, McDonald threatened Hipsher with a knife before hitting her in the head with a hammer and punching her. She told police that McDonald would not allow her to leave but she sneaked out and went to police.
On Thursday, Deputy Prosecutor Kelly Gaumer argued that McDonald should have his telephone and letter writing privileges revoked for violating the no contact order that prohibits him from communicating with the alleged victim.
McDonald reportedly wrote multiple letters to Hipsher asking her not to testify against him.
Burns said there would be no “double-dipping”. The state has filed an additional charge of invasion of privacy against McDonald. He said that is the state’s remedy.
Burns also called the request “too broad” and “too extreme” a remedy. He said he would not interfere with a person’s First Amendment rights. He pointed out that McDonald has an attorney as well as family to communicate with.
He also rejected the state’s motion to revoke McDonald’s ability to post bond.
Before concluding the court appearance, Burns made sure McDonald understood that he was to have no contact with Hipsher, either directly or indirectly.
To the question, “Do you understand, Mr. McDonald?” the defendant replied, “Yes, sir.”
Kevin Lilly can be reached at (574) 732-5117, or via e-mail at kevin.lilly@pharostribune.com
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