Aurora man charged in father's stabbing death will not testify in his bench trial
An Aurora man charged in the stabbing death of his father has opted to not testify at his trial.
It's now up to Portage County Common Pleas Judge Becky Doherty to decide whether to convict Colton J. Gavin, who faces murder and other charges in the November 2018 death of his father.
Gavin has pleaded not guilty by reason of insanity.
Gavin was twice declared incompetent to stand trial in 2019, but after undergoing treatment was declared restored to competency in December 2019.
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"He and I talked about it and he agreed it was in his best interests not to testify," Joseph Gorman, attorney for Gavin, said during a continuation of Gavin's bench trial in Portage County Court of Common Pleas Monday morning.
"It's an experts-driven case," said Gorman.
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Gavin, 24, said little during the less than 10-minute session, but confirmed to Doherty that he had decided to exercise his constitutional right not to testify. Gorman then said the defense rests and has waived its right to make closing arguments. The prosecution has done the same.
Doherty also overruled a previously made defense motion for acquittal.
Gavin is accused of stabbing his father, Thomas Gavin, multiple times while they were at a Greenview Drive home on Nov. 19, 2018. Gavin and his father lived together in a house on Prestige Woods Boulevard. Aurora police said there were two witnesses at the scene, the homeowner and a friend of Colton Gavin’s, and the alleged attack was reportedly unprovoked.
The trial originally started in early May but has been recessed and continued sevceral times, due in part to the availability of expert witnesses.
"We tried this case piecemeal," said Gorman.
Gavin waived his right to a jury trial, so as a bench trial, Doherty is responsible for rendering a verdict.
"Obviously, the court has a lot of reading to do," she said. "There are voluminous records, etc., including medical records and the [expert witness testimony] transcripts. I am going to notify both sides once I do reach a verdict and schedule the matter in court."
Expert witnesses who have testified have disagreed on Gavin's state of mind. Dr. James Karpawich, a psychologist testifying for the prosecution, testified in ate May that his review of the records at various mental health facilities where Gavin was a patient prior to the incident, as well as records of examinations afterwards, indicate that Gavin has mood and substance abuse disorders, but was legally sane.
"No one's calling him psychotic. No one's calling him schizophrenic," said Karpawich.
Karpawich also said his own examination of Gavin indicated the same thing.
However, Dr. Bob Stinson, a psychologist who testified for the defense prior to Karpawich, said in a rebuttal to Karpawich in July that his review of the same records showed the opposite.
"The records say he was psychotic," said Stinson.
Stinson also questioned tests that Karpawich reported using with Gavin.
"Those tests cannot test for mental illness. They're not designed for that," said Stinson.
It was immediately following Stinson's July testimony that Doherty said she wanted the medical records to be provided to her.
Gavin is facing charges of aggravated murder and two counts of murder and two counts of second-degree felony assault. He continues to be held in Portage County Jail on a $3 million bond.
Reporter Jeff Saunders can be reached at jsaunders@recordpub.com.
This article originally appeared on Record-Courier: Aurora man charged in father's murder will not testify at trial
