Man to get second opinion

Willoughby man accused of murder to have second competency evaluation

Herbert Beard will receive a second opinion on whether he is competent to stand trial for the July murder of a Willoughby man.

Beard, 23, appeared at a competency hearing Oct. 10 before Lake County Common Pleas Court Judge John P. O’Donnell.

A court psychologist deter- mined that Beard is competent to stand trial, but his attorney Cory Hinton asked the judge for a second opinion, which O’Donnell granted.

“I certainly respect the results of said report, but for various reasons on behalf of Mr. Beard we are requesting a second evaluation,” he said.

“Those reasons include but are not limited to interactions that I’ve had with Mr. Beard subsequent to this report being prepared.”

Hinton filed a motion in late August requesting a competency evaluation for Beard.

“While counsel has been able to work with the defendant to some extent, based on some of the defendant’s actions and comments, counsel has begun to develop a good faith belief that because of defendant’s present mental condition, he may be unable of presently assisting in his defense,” Hinton wrote in the motion.

A trial date has not yet

been set.

Beard is accused of murdering 58-year-old Sam Pizzuto. Willoughby police found Pizzuto dead inside a first-floor bedroom of his Arlington Drive home July 9. Police found Pizzuto’s body during a welfare check after he had not been seen or heard from since July 1.

Willoughby police learned that Pizzuto’s Dodge Caravan was missing from the home. But detectives eventually located the van and learned that it had been sold to a Cleveland resident by two people, who subsequently fled to Columbus, according to the Willoughby Police Department.

Detectives identified the pair as Beard and 25-yearold Miriah Provitt, and arrest warrants were obtained July 12 for receiving

stolen property. Later that same day, Willoughby detectives along with Columbus police and officers from the U.S. Marshal’s Southern Ohio Violent Task Force found Beard and Provitt on Van Buren Drive in Columbus, and the two were taken into custody without incident.

Beard is facing a murder charge as well as third-degree felony tampering with evidence and fourth-degree felony receiving stolen property. He remains in the Lake County Jail on a $1 million bond.

Provitt is facing a fourthdegree felony receiving stolen property charge. She waived her right to a speedy trial on Aug. 29 according to court records.

Police said Beard and Provitt briefly resided with Pizzuto at the end of June.

Beard