“It is anticipated that it will be necessary for the defendant to be hospitalized on a regular basis to meet his medical needs, meaning he will not be available for trial for the foreseeable future,” Howard said in the motion.
A hearing is scheduled for Thursday before Judge Keith Spaeth, but it is unclear what will occur because Rutherford remains hospitalized.
Rutherford faces the death penalty if convicted of Watkins’ murder and 15 years to life if convicted of killing his daughter.
Lacey Rutherford, 29, was shot multiple times, once in the throat with a shot gun, and Watkins, 41, of Wilmington, was shot once in the head with a shot gun, according to court records.
Hamilton police were called to the 2700 block of Hilda Avenue in Lindenwald at about 2:30 a.m. on June 18 after receiving a 911 call from Robin Rutherford, wife of Alfred and mother of Lacey.
Robin Rutherford told dispatchers, “My husband killed my daughter.”
Lacey Rutherford was found in the hallway. Watkins was found in a bathroom after police searched the home. Several children were in the house when the shooting happened, including Lacey Rutherford’s 6-year-old son, who could be heard crying in the 911 call.
Rutherford, who fled after the shooting in a red Escort, was arrested at about 11 a.m. in Joyce Park off River Road. He was taken into custody without incident while walking along Joe Nuxhall Boulevard, and he was not armed, police said.
According to prosecutors, Rutherford told Hamilton police officers he intended to kill Watkins by “blowing his head off.”
A Butler County grand jury also returned indictments in the case against Rutherford for two gun specifications, having weapons under disability, and for being a repeat violent offender.
Rutherford, known as “Ike” to friends, has previous felony convictions and 17 cases in Hamilton Municipal Court dating back to 1989, including for OVI, obstructing official business, drug abuse and robbery.
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