Troopers allege Finklea then crashed that car and ran to another car, which he took from a young driver and escaped when the police pursuit was abandoned due to the high speeds and heavy traffic.
Finklea was arrested at a house in Dayton by police and the U.S. Marshals and held on misdemeanor charges of obstructing official business and domestic violence, before being transferred to the jail in Lebanon.
On Oct 16, his lawyer filed a motion in Warren County Common Pleas Court asking the judge to order an evaluation gauging Finklea’s ability to participate in his defense.
Finklea suffered from “limited mental comprehension, along with a poor memory” and had difficulty with legal concepts and does not understand the consequences of his actions, lawyer Anthony VanNoy said in the motion.
“The behavior was just outside the ordinary,” VanNoy said on Wednesday.
VanNoy wants Finklea examined before a hearing scheduled for Nov. 23, seeking suppression of his statements to Trooper Nathan Stanfield.
Finklea’s statements should not be used as evidence because he was not properly advised of his rights, according to another motion.
Prosecutors had filed no responses to the motions and offered no response to them on Thursday.