CANTON ‒ A 36-year-old Canton man who shot a patient care technician at Aultman Hospital last year will be committed to Heartland Behavioral Healthcare, a mental health facility in Massillon.
Stark County Common Pleas Judge Frank G. Forchione ordered the placement for James L. Fair at a hearing held May 11.
On Feb. 2, Forchione found Fair not guilty by reason of insanity on felony charges of aggravated robbery and two counts of felonious assault, all with gun specifications. A psychologist’s report said that Fair was not capable of understanding the wrongfulness of his actions at the time of the June 27 shooting.
Assistant Stark County Prosecutor Mark T. Ostrowski said the prosecution and defense accepted a report provided by the Forensic Diagnostic Center of District Nine in Cambridge. It was the second placement evaluation made in Fair’s case.
“The defendant was found to be a mentally ill person subject to court order,” he said.
Forchione then determined that Heartland would be the least restrictive environment that is consistent with Fair’s treatment needs and the safety of the community, Ostrowski said.
“He will remain at Heartland until it is determined that he is no longer mentally ill or he serves the maximum time allowed,” Ostrowski said. The maximum time is 14 years, the sentence he could have received if found guilty.
Fair is entitled to have the judge review his continued commitment periodically.
Fair’s attorney Eugene O’Byrne declined to comment.
On March 2, Forchione rejected a recommendation in an earlier mental health assessment that indicated Fair didn’t need hospitalization as long as he took his medication and suggested he could be safely released. He expressed skepticism about the report’s conclusion.
“My job is to protect the public and I’ll be damn sure that I’m going to take every step to do that,” he said at the time.
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 in court.
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. He remained in the jail at midday on May 12.
Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com. Follow her on X, formerly known as Twitter: @nmolnarTR.
This article originally appeared on The Repository: Man who shot aide at Aultman Hospital committed to state facility
Reporting by Nancy Molnar, Canton Repository / The Repository
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