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Competency questioned in case of Dunbar man accused of attempted murder

CHARLESTON, W.Va. -- A Dunbar man accused of attempted murder will undergo more psychological evaluation before his case can be resolved.

Franklin Delano Beverly, 31, was arrested Oct. 11, 2012 after Joe Green, 21, of Dunbar was shot multiple times at an apartment complex near Shawnee Park.

Beverly told police that Green had struck his pregnant girlfriend in the belly a week earlier and the shooting was done in retaliation.

In court Tuesday, Beverly's defense attorney and a prosecutor both said they have been unable to confirm that the girlfriend, in fact, exists.

Dr. Taniya Pradhan evaluated Beverly at Sharpe Hospital in Weston and reported last month that he was competent to stand trial. But she told Assistant Prosecutor Fred Giggenbach at Tuesday's hearing that she also had been unable to corroborate his story about a girlfriend.

Giggenbach said, "If the girlfriend is made up and his defense is based on that, then he is not competent for assisting with that defense, right?"

Court-appointed public defense attorney Tom Price told the judge Beverly's mother was unaware that her son had a girlfriend or was married at the time.

"I've made efforts to find out who this is," Price said. "And not been able to determine that she exists."

Price said Beverly persists that the shooting occurred over a pregnant woman who was assaulted.

Giggenbach said, "We don't believe that incident ever happened."

Beverly was first ordered to undergo a mental evaluation in the early stages of the case. He was determined to be incompetent, then determined to be restored to competency. Circuit Judge Duke Bloom initially set a trial date of Nov. 25.

It appeared at one point Tuesday that Beverly might enter a guilty plea, but discussions between the parties apparently broke down and the issue of competency became a factor again.

Bloom ordered Beverly back to Sharpe Hospital.

At the time of the shooting, several schools in the area were placed on lockdown for about an hour.

Green was in intensive care with serious injuries after the shooting, but survived.

Contact writer Cheryl Caswell at cherylc@dailymail.com or 304-348-4832


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