Dayton man ruled incompetent to stand trial in Greene County rape case

Greene County Courthouse. STAFF

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Greene County Courthouse. STAFF

A Dayton man charged with the rape of a child under the age of 10 was ruled incompetent to stand trial in Greene County Common Pleas Court.

Rickey Brown, 58, was charged with one count of forcible rape and one count of gross sexual imposition.

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According to public records in the case, the Fairborn Police Department started an investigation after receiving a report than an incident that allegedly occurred July 23-24, 2018.

His accuser was younger than 10 at the time of the alleged incident, according to records. Three witnesses were attached to the initial police report.

In Ohio, rape is a first-degree felony and the penalty is a minimum of 15 years in prison, and a maximum of life imprisonment.

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However, a decision from Judge Stephen Wolaver came last week that Brown is intellectually disabled and is incapable of understanding the court proceedings and assisting in his defense.

According to Wolaver, based on clear and convincing evidence from multiple psychologists’ evaluations of Brown, last Monday’s judgment stated Brown is subject to institutionalization by court order to a facility operated by the Ohio Department of Developmental Disabilities.

Wolaver’s decision stated that it was the court’s finding that Brown’s conduct supports that he did commit the offenses on which he was charged.

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After Wolaver’s judgment, Brown will continue living with his younger sister and legal guardian. Brown also will continue employment and therapy at Boundless, a sheltered workshop.

The court will maintain jurisdiction of Brown for life or further order of the court, and will order periodic reports as required, according to the judgment.

Wolaver also ordered the Montgomery County Board of Developmental Disabilities provide oversight to ensure that conditions imposed are being maintained consistent with public safety and the least restrictive environment for the best interests of the defendant.

Brown is due back in the court on April 17 for a status hearing.

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