His lawyer, David Anthony Chicarelli, claimed Abner would be unable to assist in his defense "as he cannot recall any history of events pertaining to this matter.
“Defendant is a diagnosed schizophrenic that is not on medication or a treatment plan ever. Defendant also had a brain tumor removed back around 2002 and has not been reevaluated since to deduce its effects on his mental capacity,” Chicarelli said in the motion filed Friday in Warren County Common Pleas Court.
County Prosecutor David Fornshell said his office would respond in court.
Abner, who was treated for cracked ribs and facial lacerations, remained free on $100,000 bail.
The final report indicated Abner was not insured. Witnesses said Abner sat at a green traffic light at the intersection for two or three cycles “flailing his arms in disorientation” and narrowly missed crashing into one of them after crossing the centerline before crashing into Murray’s car.
A hearing on the not-guilty-by-reason-of-insanity plea is scheduled for Oct. 30 in Judge Tim Tepe’s court.