Prosecution stalled in Thanksgiving crash that killed elderly Toledo couple
Wed, 12 Mar 2014 20:09:40 GMT —
The 24-year-old accused in the fiery Thanksgiving Day crash that killed an elderly Toledo couple will not face trial, for now.
An attorney for Andrew Gans tells WNWO that his client was declared incompetent to stand trial during a hearing in Sandusky County Common Pleas Court.
The decision means, that for the next 90 days Gans will never be tried in the vehicular homicides Wilbur and Margaret McCoy.
During that time he will be transferred to the Northwest Ohio Psychiatric Hospital in Toledo to "try and restore him to competency" Gans' Attorney Terrence Rudes said.
After 90 days the defendant, from Kent, will undergo another mental evaluation to determine if there has been in his progression in his competency.
Rudes added that if Gans remains incompetent after 1 year, at that time proceedings can move forward for his "civil commitment."
According to Rudes, Gans had been living on his own before the crash and lost both of his parents in the years prior.
On Nov. 28, multiple witnesses and Ohio State Highway Patrol reported seeing Gans speeding along the Ohio Turnpike.
OSHP dash cam video then captured the fiery crash that authorities say resulted from Gans rear-ending the McCoy's mini-van.
Gans was taken into custody at the scene and, after a short hospitalization; he was arraigned and pleaded not guilty by reason of insanity to four counts of aggravated vehicular homicide.
Immediately following the crash Gans told authorities that he had been drinking and taking prescription drugs.
Test results, released last month, showed that Gans had no alcohol or drugs in his system.