JAY – A Delaware County man accused of shooting a deputy sheriff and a teenage boy has asked for another mental evaluation Wednesday.
William Michael DeMoss, 51, whose address is listed as Parsons, KS, appeared in district court Wednesday morning with defense council Gregory Denny, who asked Judge Robert Haney to grant his client another determination of competency instead of entering into a blind plea.
Judge Haney told the court DeMoss had been determined competent to stand trail in a mental evaluation on March 10 and conferred with the Assistant District Attorney Kenny Wright to ask the state’s position.
Wright told the judge it would stall proceedings, but it would be difficult to proceed without doing as the defendant requested.
Denny stated that his firm fully intended to enter into the plea today, but DeMoss had changed his mind.
In the document filed in court Wednesday, defense asked that DeMoss specifically be evaluated for intelligence and the request for the new evaluation was made in good faith.
The defense attorney went on to specify that his client felt he was “in a tin building without any understanding into why he was there and that people were watching him.
“My client had a head injury when he came to jail and his daughter passed away recently. I think these circumstances may have triggered this,” Denny said.
Judge Haney ruled another standard competency evaluation be made in the interest of the court.
DeMoss was remanded to the custody of the Delaware County Sheriff’s Department to be transported to Eastern State Hospital in Vinita. A date of Nov. 4 at 11 a.m. has been set for review of the evaluation.
DeMoss stands accused of injuring Delaware County Sheriff’s Deputy Rick Pike, a teenage boy and shooting at a nine-year-old boy on Dec. 21, 2008.
He was formally charged on Jan. 25, 2009 with three counts of shooting with intent to kill and four counts of possession of a firearm after conviction, all felonies.
According to Delaware County Sheriff’s Captain Ron Teel, officers were dispatched to the Jay address of 456 Road, the home of DeMoss’s mother, Virginia Rose Logan 78, after it was reported that two boys had been fired upon by 51-year-old DeMoss.
Pike was treated and released after a gunshot wound to the hip area after responding to the call.
A 17-year-old boy was shot twice with a .22 rifle, sustaining wounds in the hand and hip area. He was life-flighted to the Springdale, AR hospital, where he was treated and released. A nine-year-old boy was uninjured.
The boys were walking on the road past the Logan home when DeMoss allegedly stepped from the front door onto the porch of the mobile home and started firing his weapon at approximately 5:30 p.m.
He gave no reason as to why he shot at the boys, according to Captain Teel.
Deputies arrived to find DeMoss barricaded in an outbuilding on the property.
Once officers had secured the scene, a search warrant was issued.
During the execution of the warrant, DeMoss fired through the door of the outbuilding toward the deputies, striking Pike in the hip area.
DeMoss was again called out of the building and subsequently surrendered to the officers without further incident around 11:30 p.m.
DeMoss was arrested along with his mother. Logan was arrested for obstructing justice and harboring a fugitive.
DeMoss has an outstanding arrest warrant in Delaware County for assault and/or battery with a dangerous weapon, a felony charge filed on January 6, 2004.
Logan appeared in district court during the setting of the felony disposition docket on Aug. 18.
She waived her right to a speedy trial and will appear on the felony disposition docket on Jan. 15, 2010 on charges of harboring a fugitive and obstruction of an officer.