On Wednesday, Imfeld was indicted for felonious assault, a second-degree felony, but a grand jury declined to indict her for domestic violence, which in this case was a misdemeanor.
Defense attorney Jonathan Fox told the Journal-News that Nancy Imfeld has a history of mental health issues and she may not be competent to stand trial.
Imfeld remains housed in the Butler County Jail in lieu of a $401,000 bond set in Butler County Area II Court shortly after her arrest. She is scheduled to be arraigned on the indicted charge Thursday morning by Butler County Common Pleas Judge Keith Spaeth.
“This is a tragic situation where Nancy Imfeld has a lengthy history of mental health problems. Thankfully, Mr. Imfeld survived. I have already filed a suggestion of incompetence and request for forensic evaluation,” Fox said.
In the motion filed late last month, Fox said his client “does not comprehend the charges pending against her and can not adequately assist counsel in her defense.”
Police and medics were called around 2:30 p.m. Dec. 1 to the home after a man said his wife shot him.
Nancy Imfeld was taken into custody at the scene. Douglas W. Imfeld, 64, was taken to Atrium Medical Center for treatment of a gunshot wound, police said.
In the 911 call, a man, identified by police as Douglas Imfeld, screamed, ”I’ve been shot. Help me.”
He told the dispatcher his wife shot him in the back.
“She’s standing here crying,” he said to the dispatcher.
Dispatchers tried to determine where the gun was located as officers were en route.
That’s when Douglas Imfeld handed the phone to his wife, who told dispatchers “I think I put it back in my purse,” according to the 911 call.
A female, apparently Nancy Imfeld, also called 911 and said, “I don’t know what’s going on with my husband.”
She sobbed when dispatchers asked if she needed the police, fire or paramedics.
“I need everything,” she said.
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