Middletown man accused of rape at assisted care facility may be incompetent for trial

A 71-year old man charged with rape in an incident at a Middletown assisted care facility will be in court later this month for a competency evaluation hearing.

Gary Eugene Earls was arrested by police after the November incident at Close to Home on Roosevelt Boulevard. He was indicted by a Butler County grand jury on two counts of rape last month. Common Pleas Judge Jennifer McElfresh set his bond at $100,000 at arraignment Dec. 18.

FIRST REPORT: Middletown man charged with raping fellow assisted care facility resident

On Dec. 28, defense attorney Dennis Adams filed a motion suggesting Earls is incompetent to stand trial and requested an evaluation.

“Counsel has reason to believe that defendant may have a mental disease or defect that makes him unable to fully comprehend the proceedings in this court at this time, and/or is unable to assist counsel in preparation and defense of his case,” Adams wrote in the motion.

SPECIAL REPORT: The sex offender next door
An investigation by this news organization found that as more sex offenders enter nursing homes as residents, often needing long-term care themselves, the safety net for Ohio residents is failing. READ MORE »

McElfresh ordered an evaluation of Earls’ mental condition and set a hearing for Jan. 18.

Officers were called to the facility on Nov. 17 by staff member who said there was a female resident screaming.

MORE: Attorney for murder suspect wants statement thrown out at trial

The worker thought the woman had fallen, but when she went into the room, she saw Earls, also a resident at the facility, on top of the woman, according to the police report. Both were naked.

A medical squad transported the woman to Atrium Medical Center, where an examination was performed and a rape kit was completed.

MORE: Suppression hearing for teen charged with killing father continued

Earls was taken to the detective section. Lt. Scott Reeve said detectives were going to take the case directly to a Butler County grand jury for presentation but decided Earls needed to be taken into custody.

About the Author