(Spencer)– A Spencer man charged with first degree murder won’t stand trial this month after all.
Harold Duncan is charged in the shooting death of his wife Kay Duncan back on January 13th of this year in their Spencer mobile home. His trial was to begin September 16th.
But according to Assistant Clay County Attorney Mike Houchins, all court proceedings have been suspended until the judge can rule on the competency of Duncan.
Defense attorneys filed a motion on Wednesday stating Duncan is not competent enough to stand trial. They already filed a defense of diminished capacity.
The psychologist for the prosecution, Dan Rogers out of Fort Dodge, feels Duncan is competent enough to stand trial, while the defense’s psychologist, Steve Mayhew, is unsure if Duncan can cooperate with his legal team.
Judge Frank Nelson has ordered Duncan be sent to the Oakdale Medical Classification Center for further tests and evaluations.
His trial has been postponed indefinitely pending the outcome of his stay at Oakdale.
(Story from Danielle Hitchings of sister station KDWD Hot 100 in Spencer.)
