News Release 10/12/2023
The Van Wert County Sheriff’s Office and the State Fire Marshall’s Office conducted an investigation which led to the Van Wert County Prosecutor’s Office filing charges in April and June of this year for 18 counts of aggravated arson and arson against Scott P. Keber. On April 12, 2023, Keber’s attorney filed a suggestion of incompetency to stand trial. The court ordered an evaluation of Keber by Court Diagnostic Treatment Center in Toledo.
By judgment entry dated October 3, 2023, the court found that the defendant Scott Keber is incompetent to stand trial, nonrestorable. The Court further found that Keber is not a person subject to institutionalization by court order as defined in the Ohio Revised Code, and therefore the Court dismissed the indictments and discharged the defendant.
In order to stand trial, a defendant must be competent. If a defendant is found to be incompetent, it must be determined if competency can be restored, and if so, a defendant may be held pending that restoration. If competency cannot be restored, the Ohio Revised Code requires the court to order the discharge of the defendant, unless the court or the prosecutor seeks a civil commitment of the defendant.
The court or the State may then request an involuntary civil commitment of the defendant if the defendant is a person with an intellectual disability subject to institutionalization by court order. If the defendant is not found to be subject to institutionalization by court order, the Ohio Revised Code requires that the court dismiss the indictment against the defendant and discharge the defendant. The State can take no further criminal action against this type of defendant.
Mercer County Outlook 