A Bethel Township, Miami County man, was found competent to stand trial on a felony indictment accusing him of rape of a person under age 13.
Judge Jeannine Pratt made the ruling Jan. 4 in Miami County Common Pleas Court in the case against Gary W. Grubb, 52, whose address now is listed as Xenia.
Grubb is accused of sexual contact with a person under age 13 between September and December 2011. He has pleaded not guilty.
Pratt’s ruling followed an evaluation at the Forensic Psychiatric Center of Ohio. Grubb was found competent at the time of the offense and also competent to stand trial.
During the Jan. 4 hearing, Pratt and lawyers also again discussed Grubb’s medical status and whether he should remain out of the Miami County Jail on medical furlough. The judge approved the furlough in the fall due to Grubb’s medical needs, surgery and the jail’s inability to accommodate his needs at the time for a special bed and other care.
As conditions of Grubb’s release, Pratt ordered him to reside with his mother in Xenia and to have no contact with the alleged victim or any minor.
Assistant Prosecutor Paul Watkins asked Pratt on Jan. 4 to consider returning Grubb to the jail in lieu of the previously set $450,000 bail. Watkins said Grubb, who previously appeared in court in a wheelchair, was now using a walker and drove to the court hearing.
Pratt questioned Grubb about his condition and asked why he was late for the hearing.
Grubb said he had good days and bad days physically. He said he had to stop along the way because a car he had borrowed overheated. He told the judge how he put water in the radiator before resuming the drive to Troy.
Watkins asked Pratt to reinstate the bond, returning Grubb to jail. “If he can do all that he can certainly sit in the jail,” Watkins said.
Defense lawyer Michael Brush said Grubb was following the orders of the court and the orders did not include a ban against driving.
Pratt said she would consider lawyers’ motions regarding the bond once prosecutors were able to review Grubb’s latest medical records. Grubb agreed to sign a release for review of those records.
A trial for Grubb is scheduled to begin March 2.