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City man deemed not competent to stand trial

Returning to state mental hospital

YOUNGSTOWN — Richard J. Armstrong Jr., 44, is on his way back to a state mental hospital after again being deemed not competent to stand trial.

Armstrong, has been evaluated multiple times to determine whether he is competent to stand trial for an August 2020 incident in Boardman.

Armstrong, of Youngstown, was indicted on aggravated robbery with gun, prior conviction and repeat violent offender specifications, abduction with firearm specifications, felonious assault with firearm, prior conviction and repeat violent offender specifications, being a felon in possession of a firearm and tampering with evidence.

He is accused of abducting a man in a Boardman hotel and later waving a gun on South Avenue after allegedly firing several shots.

According to a police report, Armstrong followed a man into the Days Inn in Boardman and forced him into his hotel room at gunpoint.

The victim said Armstrong had two pistols pointed at his head. The victim offered Armstrong money, but Armstrong did not take any. Eventually, the victim was able to leave the hotel room and contacted Boardman police.

During a hearing this week in Mahoning County Common Pleas Court, prosecutors said the company Stinson & Associates has found that Armstrong is not competent to stand trial. The prosecution and defense stipulated to the findings in the report, meaning they will not challenge the findings.

Armstrong spoke to the judge extensively, reading from papers at times and speaking without notes as well.

“I am prepared for trial, and I am very aware of my situation,” he said clearly to the judge. “My ability to understand is obvious.”

He said he understands that his attorney, Mark Lavelle, has stipulated to the competency report, “but again, as the court is aware, I am very competent, aware of my situation.”

Judge Anthony D’Apolito told Armstrong “This has been a very complicated case in that your evaluations have gone from incompetent to competent, to incompetent, to restored, and now incompetent again.” His lawyers raised the competency issues, the judge said.

The evaluations have been done “in your best interests,” the judge said, adding, “It’s never been done, never been ordered, to try to incarcerate you to keep you detained. It’s never been done to try to prolong this case.”

Judge D’Apolito said he is not a doctor and listens to what the doctors say.

The judge ordered Armstrong to return to Heartland Behavioral Healthcare, a state mental hospital, for up to a year to see if they can restore Armstrong to competency to stand trial.

“That’s what they did the last time, and it’s my hope that they do that again,” the judge said.

Armstrong did not act up or get angry during the hearing.

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