LIHUE — A 5th Circuit judge said the court was in agreement with examiners to find an 83-year-old Kalaheo man unfit to proceed to trial in two cases involving attempted murder and negligent homicide. The defendant, Robert W. Yount, was
LIHUE — A 5th Circuit judge said the court was in agreement with examiners to find an 83-year-old Kalaheo man unfit to proceed to trial in two cases involving attempted murder and negligent homicide.
The defendant, Robert W. Yount, was transported from Oahu Community Correctional Center to appear in court on Tuesday.
He was transferred there from Kauai in March for medical facilities that could care for his condition.
Chief Judge Randal Valenciano said the court based its decision on the examinations performed by three designate doctors and a fourth from a private examiner for the defense. He declared Yount unfit and suspended court proceedings until such time as restorability could be determined.
Valenciano ordered Yount to be committed to the custody of the state Director of Health and held at the state hospital to conduct a new examination and review for restorability.
County First Deputy Prosecuting Attorney Kevin Takata said the state and the defense reached the stipulated agreement and agreed the defendant is not fit to proceed based on the reports.
Valenciano set a 60-day review hearing for June 26.
Yount was first charged with driving the SUV that struck and killed 26-year-old Jill Garnett as she walked along Kaumualii Highway in Puhi on March 16, 2013.
The second case involved firearms possession charges and firing a shot while threatening Kauai police officers. The officers were attempting to deliver the felony warrant regarding the first case at Yount’s home on Nov. 18, 2013.
