Bennett requested Brown receive a second psychological evaluation, which is permitted by law. The judge granted that request.
Brown, who is being held without bond in the May 26 crime, is scheduled to be back in court Sept. 13 for a second competency hearing based on the result of the second evaluation.
Bennett previously told the Journal-News after having conversations with Brown, “he did not appear to be mentally normal.”
“He could not assist me with my defense. He did not appear to be lucid. Therefore his competency is an issue,” Bennett said. “When I sat with him after the Walmart incident he could not assist in his defense. If you can’t tell me what happened and you don’t know what happened and this is all a mystery and a fog to you, well hell, how do I know you knew what happened when it happened?”
Brown was free on $200,000 bond at the time of the Walmart incident for an alleged armed robbery in Hamilton in October.
Brown, while allegedly trying to steal cell phones, is accused of shooting and killing Adam Black, 35, a Hamilton man who had recently moved to the area and who just learned he was going to be a father. Brown is also accused of shooting and wounding Eric Ruff, 57, of Fairfield, a Walmart employee who has been released from the hospital and is recovering.
A SWAT team took Brown into custody at a Fairfield Inn in Middletown several hours after the shooting. Gmoser said the investigation is continuing, including how Brown got to the Middletown hotel after the shootings.