DaytonDailyNews.com

GREENVILLE — Darke County Juvenile Judge Michael McClurg opened the competency hearing by asking whether a 10-year-old child could understand the proceedings against him.

The answer was swift.

The prosecution, defense and the child's guardian all agreed to accept the reports of two psychologists, both of whom found Timothy Byers incompetent to face juvenile charges of five counts of murder and one of aggravated arson.

McClurg judged the boy incompetent Tuesday, March 25, and dismissed the juvenile complaint, essentially ending the case that began with a Sept. 16 house fire that killed four young children and the boy's mother.

The case against Timothy may be ended, but not his involvement with the court. In declaring him incompetent, McClurg deemed him a dependent child, a ward of the state.

That means Timothy will be under the strict supervision of Children Services with the oversight of the judge. The child remains in the temporary custody of his maternal grandmother and stepgrandfather.

McClurg added a number of conditions, including attending a fire safety class and grief counseling, transitioning back into public school, performing 40 hours of community service and being assessed periodically by a licensed independent social worker.

McClurg will review the case in six months. Meanwhile, the case file remains sealed and a gag order on those involved continued.

"I forgive him," Dezirae Jones, an aunt of some of the victims, said to the judge prior to his decision. "But there are four children and an adult lady ... I will never be able to see them again," she said as tears ran down her face. "I wish we could figure out what happened."

That theme was repeated by David Rohrer, Timothy's defense attorney, who said his client was innocent of the charges.

"I hope the Greenville Police Department will pursue the investigation, which it halted with the so-called confession," Rohrer said. "It would be a crime if this case were dropped and the real perpetrator not caught."

Philip Hoover, Darke County assistant prosecuting attorney, responded by saying his office "did everything appropriate under the law."

"Darke County and Greenville are wonderful places to live," McClurg said. "But when tragedies like this happen, the other side comes to light — single parents struggling with poverty. Kids who don't get to go on vacations or even new clothes.

"Don't turn your heads to it. ... Get involved to help all these families, especially the kids."

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