Man accused of killing roommate declared sane, but will get second opinion

Donald Wayne Tucker

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By Lauren Pack, Staff Writer Updated 8:56 AM Friday, February 5, 2010

HAMILTON — A Middletown man accused of slaying his roommate will get a second opinion after a court-ordered psychological evaluation declared him sane and competent to stand trial.

Donald Wayne Tucker, 51, appeared Thursday, Feb. 4, before Butler County Common Pleas Judge Andrew Nastoff for a hearing his competence to stand trial and not guilty by reason of insanity plea.

Tucker is charged with murder in connection with the death of Brian McKenzie on the night of Oct. 29 at their Garfield Street home. According to Middletown police, Tucker admitted stabbing 51-year-old McKenzie and called 911 to report the incident.

Defense attorney Jeremy Evans raised concerns about Tucker’s competence and sanity at the time of the killing, even though the initial evaluation indicated Tucker was sane at the time of the murder.

“My concern, he has been hospitalized several times for mental health issues,” Evans said Thursday, noting the first psychologist who examined Tucker did not review those past records.

By law, the defendant has a right to a second examination by a different psychologist, which was ordered by Judge Andrew Nastoff after Evans filed the motion.

A second competency hearing is scheduled for March 11.

According to police, McKenzie was stabbed 14 times.

In a 911 call made to dispatchers about 9:45 p.m. Oct. 29, Tucker identified himself and said, “I got a man here that attacked me with a knife, I took it from him and stabbed him with it.” Later in the call, he named McKenzie as the victim.

Tucker is housed in the Butler County Jail in lieu of $150,00 bond.

Contact this reporter at (513) 820-2168 or lpack@coxohio.com.

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