Judge forces man to take medicine
Murder defendant can’t stand trial without taking anti-psychotics.
A man charged with killing a hotel clerk in Fairborn in March will be forced to take medication in order to stand trial.
That’s according to the ruling by Greene County Common Pleas Judge Stephen Wolaver in the case against 25-year-old Michael D. McLendon.
McLendon stands accused of fatally shooting Andy Day during an attempted robbery March 7 at the Hampton Inn and Suites in Fairborn.
He is charged with aggravated murder and could face the death penalty.
McLendon was found incompetent to stand trial because of mental illness, but restorative, meaning he can be competent if he takes his medication, according to court records.
“(McLendon) has a history of severe psychotic symptoms such as hallucinations, disorganized thinking and delusions,” according to documents on file with the court from Twin Valley Behavioral Healthcare, where McLendon is housed and receiving treatment.
“Without medication, this patient’s psychotic and affective symptoms will not improve such that an indefinite hospitalization will be necessary for the safety of others,” Twin Valley’s report reads.
McLendon has refused to take his medication at the mental health facility.
“His refusal to take prescribed medications significantly impacts his chances on becoming clinically stable and competent to stand trial,” reads the Sept. 12 letter to Wolaver from Twin Valley seeking the “forced psychotropic medications” order.
Wolaver this week authorized the order, which enables Twin Valley staff to administer medications without McLendon’s consent.
The hospital provided the court a list of 22 anti-psychotic and mood stabilizing medications that may be administered, including Haldol, Prolixin, Thorazine, Navane, Loxitane, Stelazine, and Mellaril, as well as medications for side effects from anti-psychotic medications, according to court records.
McLendon must be found competent within one year before he can be tried for Day’s murder.
“If still incompetent after (the) restoration period, then the court may cause the individual to be committed in a mental hospital for the period of time of the most severe charge against the defendant, or refer the defendant to probate court for a civil commitment,” according to bailiff Ron Mellotte.
Two others have been indicted on murder charges in the case — DiSean Kendall Graham, 21, is charged with aggravated murder, aggravated robbery and kidnapping; Morgan W. Klink, 25, is charged with murder, involuntary manslaughter and aggravated robbery.
Graham and Klink pleaded not guilty to the charges earlier this month. Their trials are scheduled to start separately in November. Contact this reporter at 937-2256985 or email Richard.Wilson@ coxinc.com.