CHARLESTON, W.Va. - A man accused of shooting an off-duty police officer in December 2011 has been determined incompetent to stand trial and will be sent to a mental hospital for treatment.
Nickey Don Smith, 36, of Glasgow, was arrested after he shot Glasgow Police Officer Steve Smith in the chest and arm. The officer had responded to a report of a burglary at Smith's home when he was shot with a sawed-off shotgun.
The officer suffered serious injuries and has undergone multiple surgeries.
Smith was indicted by a grand jury on a charge of malicious wounding last year, but two physicians have evaluated him and determined he is incompetent. Assistant Prosecutor Ken Starcher requested a third evaluation, but as of Wednesday that report had not been completed.
Kanawha Circuit Judge Carrie Webster said the court couldn't wait any longer for that report and made a decision of incompetence based on the first two evaluations. She said Smith will go to a mental facility that will attempt to restore him to competence within 90 days.
Smith is in federal custody after pleading guilty to being a felon in possession of a firearm.
He has a long criminal history that includes a conviction for negligent homicide. He also has been arrested for armed robbery, malicious wounding, battery, domestic battery and kidnapping.
According to the police report, Smith called police in December 2011 because he thought his mobile home was being burglarized. Officer Smith accompanied on-duty Officer Adam Roop to the Smith home on Glass Fire Road.
The officers announced their presence, but the defendant fired as soon as the officer opened the door.