Ashland man accused of raping a minor to undergo second mental eval.
Oct. 27—GREENUP — An Ashland man charged with raping a minor was recently found competent during a previous hearing, but is now requesting an independent evaluation ahead of a trial date.
Justin Kyle McDowell, 34, was faced with an 11-count indictment, including three counts of first-degree rape, sodomy and tampering with physical evidence after he was accused of raping a minor.
Previous reports indicate between November and December 2022, McDowell threatened the underage victim by saying he would kill himself if she didn't comply.
Since his May 2023 arrest, McDowell has undergone a competency evaluation by the court which found him mentally sound enough to stand trial and aid in his own defense.
On Thursday in Greenup County Circuit Court, McDowell's attorney, Jimmy Lyons Jr., said McDowell wished to have an independent evaluation before pursing case resolution or a scheduled trial date.
Greenup Circuit Judge Brian McCloud scheduled McDowell for a pre-trial conference on Jan. 25 to allow time for another evaluation.
McDowell faces multiple class B felonies, which carry maximum sentences of up to 20 years in prison, if convicted.
McDowell also faces a persistent felony enhancer, meaning additional time could be added if he is found guilty by a jury.
(606) 326-2652 — mjepling@dailyindependent.com
