At least two mental health assessments will be undertaken for a local man accused of murder and rape in the death of his great aunt.
Bobby N. Truitt II, 20, is charged with murder and rape, Level 1 felonies, in the Sept. 27, 2020 death of his 64-year-old great aunt, Sharon Lovins. In addition, Truitt is charged with auto theft as a Level 6 felony for driving the victim’s sports utility vehicle from her home in Waynesville to Indianapolis.
Three days after a change of plea hearing for Truitt was postponed a third time, Truitt’s public defender, Benjamin Loheide, filed a motion on July 15 that requested his client be given a competency hearing.
It’s a court-ordered mental health assessment to determine how much a defendant remembers and understands about his or her charges and alleged offense, as well as his or her capacity to understand court proceedings and assist in a defense.
On Friday, Bartholomew Superior Court 1 Judge James Worton approved Loheide’s request, ordering that two qualified psychiatrists, psychologists or physicians examine the defendant. Under Indiana law, they must be trained on how to spot malingering and deception, and will write in their court report if they suspect the defendant is purposefully trying to be found incompetent.
After the reports are filed, a hearing takes place where both the prosecutor and defense can question the medical or mental health professionals about their findings. So long as a person understands the basics of the court process, the defendant will be deemed competent to stand trial in Indiana.
While the issue of competency is handled prior to trial, the question of whether a defendant was sane or insane at the time of the offense will ultimately be a question for the judge or jury to determine at the trial itself. Court officials say Loheide has not filed any paperwork to indicate he intends to use an insanity defense.
After agreeing to the competency evaluation, Judge Worton rescheduled key court dates for Truitt. A change of plea hearing is scheduled for 9:15 a.m. on Nov. 15, while a pre-trial conference is set for 11 a.m. on Nov. 29. The jury trial is tentatively scheduled for 8:30 a.m. on Dec. 15.
Lovins was assaulted and killed one day after she bailed Truitt out of the Johnson County Jail, where he had been charged with sexual battery, and offered to let him stay with her temporarily, court documents state.
During questioning, Truitt admitted to an detective that he hit Lovins in the face with a hammer, and then sexually assaulted her before choking her, according to court documents.
In a probable cause affidavit, investigators stated they believe that after Lovins was killed, Truitt stole her 1995 Ford Explorer and drove it to Indianapolis, where he reportedly inquired about buying a bus ticket to New York.
Two days after Lovins was killed, Truitt was arrested after being found on an Indianapolis street among a group of panhandling homeless individuals, according to the Bartholomew County Sheriff’s Department.
