Combs, who had a history of mental illness prior to the shooting, was evaluated 10 times by forensic psychologists and has spent months in a treatment facility after his attorney Chris Pagan questioned his competency to stand trial.
He was declared incompetent, refused medication to restore competence, then was restored to competency for trial, but that designation was questioned by the defense — beginning a new round of evaluations.
The time also was ticking for the prosecution’s burden to restore Combs to competency, although there also is dispute on that time line.
On Thursday, as King’s family watched in the courtroom, Common Pleas Judge Michael Oster Jr. ruled based on psychologists’ reports Combs is not restorable for trial within the remaining 30 days permitted by law, and he is a mentally ill person who will continue treatment at Summit Behavioral Health. But Oster said, after seeing evidence pointing Combs guilt, the case would remain in the jurisdiction of the court.
“That means, if he is ever restored (to competency) there is going to be a trial for aggravated murder,” said Assistant Prosecutor Katie Pridemore.
Butler County sheriff’s Sgt. Jack Bucheit took the stand introducing motion-activated security videos from the King residence on the day of the shooting.
Anthony King is seen with gloves on, earbuds in place, loading a black utility vehicle for the drive to the edge of his property to start yard work.
The hum of a chain is heard, and Kristen King is visible for minutes until she goes inside to let the family dog out the front door. Then a person, identified as Combs by the sergeant, is seen with a gun coming from the other side of the tree line.
The camera does not catch the shooting because of the distance, but the front yard camera caught the sound of five shots ringing out and Kristen King running to her husband, lying on the ground, face down.
Combs, seated at the defense table, did not look at the screen, just straight ahead and down during the hearing.
In the 911 call played in court, Kristen King said, “I look in the backyard and that man is walking away from my husband, and my husband is on the ground,” the woman said. “He has come over like four times confronting my husband because he thought he was a Democrat.”
Combs was stopped by police minutes later near the crime scene, in a Jeep with his father.
Bucheit said Combs denied any involvement for several hours, but eventually admitted to the shooting. Over a matter of days he gave a couple of motives, including that he had heard that Anthony King had committed some crimes. He said he had broken into the King residence and stolen underwear.
Investigation concluded Combs’ allegations about King were false and there were no investigations or police reports, Bucheit testified.
A search of the Combs residence turned up multiple guns that were “unlocked and readily available,” including the handgun used in King’s homicide, according to Bucheit.
Combs told detectives he hid the gun behind some boxes in a closet. Bucheit said that is where the gun was found. It tested positive as the murder weapon.
King was shot five times, four in the head, according to the autopsy report.
Evidence indicates Combs “lay in wait” with the gun waiting for Kristen King to leave the yard before approaching the victim.
“The defendant, for whatever motive, selected a firearm from an arsenal, left his home, went around the wooded tree line … and shot (Mr. King) dead,” Pridemore said showing Combs’ alleged prior calculation in the crime.
Combs has violent past, according to prosecutors. Court documents say that while Combs was not convicted of assault on his father, he admitted to the incident during questioning with police, and his father corroborated. He also has some incidents of violence while in treatment at Summit.
Credit: Nick Graham
Credit: Nick Graham
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