by Aaron Gibson, Feb. 19, 2016
A judge ordered attempted murder and felony assault charges for a Fayetteville man accused of attempting to stab his neighbor to death to be dropped after being found incompetent on Feb. 16.
In the ruling, Brown County Common Pleas Court Judge Scott T. Gusweiler finds Robert Philpot guilty of stabbing his neighbor David Amburgey several times last March during a months long feud, but dismissed the indictment against Philpot due to his mental state being incompetent and non restorable.
Defense attorney Michael Kelly appeared in court on Philpot’s behalf as he remained a non-ambulatory patient at Heartland of Hillsboro Nursing and Rehabilitation Center on Tuesday, Feb. 16. Philpot was found incompetent to stand trial last July, but in December was ordered to remain institutionalized to determine whether or not he would be competent to stand trial on charges of attempted murder and felony assault within a period of one year.
On Wednesday, Gusweiler further ruled that while Philpot is incompetent, Philpot is neither mentally ill or mentally retarded and thus should not be subject to institutionalization by the state, according to court documents.
The court heard testimony and arguments from stabbing victim David Amburgey, prosecuting attorney Chris Van Harlingen and Philpot’s defense attorney Michael Kelly, and also reviewed psychiatric evaluation reports and nurse and doctor’s notes in making the decision to drop the case against Philpot.
Philpot was accused of attempting to stab his Victory Lane neighbor to death with a knife on Mar. 11, 2015 in the wake of a feud that supposedly began after Amburgey testified against Philpot in an unrelated incident from 2014.
In Sept 2014, Philpot was convicted of aggravated menacing in Brown County Municipal Court after allegedly discharging a firearm at a moving vehicle. The weapon was discharged in the same direction as Amburgey, according to court records.
On the morning of Mar. 11, 2015, Philpot allegedly began threatening Amburgey’s life with a hammer in hand and was booked into jail on an aggravated menacing charge. Less than one hour after posting bond that afternoon, Philpot approached Amburgey in his driveway, this time with a knife, and stabbed Amburgey multiple times.
According to a probable cause affidavit, Amburgey gave Philpot several punches to the face in an attempt to stop Philpot from attacking him. Philpot then fell to the ground and Amburgey was able to get the knife and toss it.
Both men were airlifted to University of Cincinnati Medical Center after the stabbing. Amburgey suffered a traumatic brain injury as a result of the incident, according to court documents.
In a memorandum filed Tuesday, prosecutors said they intended to file an affidavit for civil commitment against Philpot.
—Brown County Crime Reporter February 19, 2016 01:26 AM EST
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