CANTON − A judge has delayed his decision on the future of a Canton man accused of shooting a patient care technician at Aultman Hospital last June.
Stark County Common Pleas Judge Frank Forchione expressed skepticism during a March 2 court hearing over the recent mental health assessment from a psychologist on the defendant, James L. Fair.
The psychologist’s latest report, according to the judge, indicated, Fair 36, didn’t need hospitalization as long as he took his medication and suggested Fair could be safely released.
Forchione on Feb. 2, based on that psychologist’s earlier report, found Fair not guilty by reason of insanity on felony charges of aggravated robbery and two counts of felonious assault, all with gun specifications.
“I’m not a psychologist. But I have some common sense. This (most recent) report makes absolutely no sense to me,” Forchione said. “How somebody could be found not guilty by reason of insanity and two months later (I’m getting this report)?”
The judge said, “My job is to protect the public and I’ll be damn sure that I’m going to take every step to do that.”
Forchione said he wanted to take two weeks to allow himself, the prosecutor and defense attorney to research the legal implications “so we can get a better grasp of what the options are at this time.”
He said he could order a new mental health evaluation, and the prosecutor and defense attorney could request additional evaluations.
“But this report gives me no guidance as to where to go, what to do. But I’m not going to let him go walk the streets. That’s just not going to happen on my watch,” said Forchione.
The judge scheduled a hearing for 2:30 p.m. March 16 to discuss plans for Fair’s mental health treatment and which other psychologists could perform a subsequent evaluation.
Aultman shooter’s mental health
That same psychologist, who is based in Jackson Township, examined Fair on Dec. 3.
The psychologist wrote that Fair showed symptoms consistent with a severe schizophrenic disorder, the judge said March 2.
Fair believed at the time of the shooting at Aultman that the Bible was speaking to him. And he was in a state of severe psychosis, leading the psychologist to believe Fair did not understand the wrongfulness of his actions. The psychologist wrote that Fair would need “regular and ongoing psychiatric management.”
Based on that report, one Forchione stressed he was “obligated to rely on,” he found on Feb. 2 that Fair was not guilty by reason of insanity of multiple charges tied to the Aultman shooting.
“Based on the law, the court didn’t have much of a say in this decision but was forced under the law to find him not guilty by reason of insanity,” said Forchione on March 2.
“The court was both shocked and amazed to read the report only two months later dated Feb. 6, 2026. He said the psychologist wrote, “At this point, his continued sanity is totally dependent on his adherence to the medication. He issues an opinion that although he feels defendant is mentally ill, he’s currently in a state of remission and has the potential to continue unabated remission and does not need any hospitalization.”
Fair’s attorney Eugene O’Byrne did not object to a two week delay. He said he had just read the newest mental health report over the weekend and needed time to do more legal research.
An assistant Stark County prosecutor, Olivia Cope, agreed the most recent report conflicted with the prior assessment. She requested another evaluation be done.
Fair did not speak in open court. He can, under state law, be held until the judge determines he is not a threat to the safety of others or himself up to the maximum sentence he would have faced if found guilty.
Fair had been admitted into Aultman Hospital on June 27 as a patient. He was talking to himself and banging his head against the wall of the room, a police officer who responded testified.
When an Aultman security officer went into the room to confront Fair about his behavior, Fair was able to get his hand on the gun of the security officer and pull the trigger, shooting a patient care technician who was in the room. She got immediate treatment and survived.
Hospital staff wrestled the gun away from Fair and restrained him.
Fair has been held at the Stark County Jail since the night of the shooting. His bond was set at $1 million cash/surety on July 3.
Reach Robert at robert.wang@cantonrep.com.
This article originally appeared on The Repository: Judge delays decision on Canton man who shot Aultman Hospital worker
Reporting by Robert Wang, Canton Repository / The Repository
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