Judge orders competency test for suspect in Walmart parking lot death

Jan. 12—A Morgan County judge has ruled that the man charged with murder for fatally running over a woman at the Decatur Neighborhood Walmart in August be evaluated again to determine whether he was mentally competent at the time of the alleged crime and whether he is competent to stand trial now.

In a ruling issued this week, Judge Stephen F. Brown ruled Preston Lamar Nelson, 33, of Madison, be examined by a psychiatrist or psychologist under contract with the state Department of Mental Health and Mental Retardation. Brown ruled the examination be conducted on an outpatient basis at a facility designated by the commissioner of the department.

Nelson is accused of intentionally backing a dark gray Mercury Grand Marquis into Sherry Sain of Huntsville, who had exited the store and was walking to her vehicle on the evening of Aug. 25. Sain, 64, a former Decatur resident, died in the store's parking lot at 1203 Sixth Ave. S.E. She was pronounced dead at 9:21 p.m.

The judge said the mental health expert must submit a written report advising whether at the time of the offense the defendant was suffering from symptoms of a mental disease or defect, mental retardation or other psychiatric disorder.

He also asked that the expert, if Nelson is found to be currently mentally incompetent, explain the cause and treatment of the condition, the likelihood of the defendant attaining competency under the treatment, the probable duration of the treatment, the availability of various types of acceptable treatment locally and whether the treatment can be received on an outpatient basis.

The Morgan County Sheriff's Office is responsible for the custody, care and transportation of the defendant during the outpatient visit, the judge ruled.

At a hearing on Sept. 20, Nelson's attorney, Patrick Caver of Hartselle, presented the request for the evaluation before a preliminary hearing was set to begin in District Judge Shelly Waters' courtroom.

On Sept. 12, Caver wrote in a motion seeking a mental evaluation for his client that the defendant has a history of mental health issues since his early teenage years. "At the time of the alleged offense, he has very limited memory of the day and was experiencing auditory and visual hallucinations," the motion read. "He lacks the ability to understand the trial procedures or consequences of the legal process. It's in the defense attorney opinion that he is unable to assist in his criminal defense."

The court ordered that the evaluation take place.

According to another motion filed by Caver on Dec. 27, Nelson is suffering from mental health issues and having behavior problems "while incarcerated without the proper medical care for his mental illness."

Caver said in the motion that the previously ordered mental evaluation had inconclusive results. He also quoted from a portion of the state therapist's findings which suggested Nelson did not cooperate in the evaluation effort and recommending that "Mr. Nelson be evaluated in an inpatient psychiatric facility through the Alabama Department of Mental Health."

On Wednesday, Morgan County Jail records indicate Nelson remains in the Morgan County Jail with a cash bond set at $500,000.

— mike.wetzel@decaturdaily.com or 256-340-2442. Twitter @DD_Wetzel.