YOUNGSTOWN — The lawyer for Nicholas Cunningham, who was indicted Dec. 7 on aggravated murder, murder, aggravated burglary and violation of a protection order in the Oct. 26 killing of Gena M. Wade in her Smith Township home near Beloit, has asked for a competency evaluation.

Attorney Michael Kivlighan earlier entered a written not guilty by reason of insanity plea for Cunningham, but Wednesday, he also asked for a psychiatric evaluation for Cunningham to determine whether he is competent to stand trial.

The filing states Cunningham “is not competent and does not presently have sufficient ability to consult with his lawyer with a reasonable degree of rational understanding.” Also, Cunningham does not “have a rational as well as factual understanding of the proceedings against him.”

Judge Anthony Donofrio of Mahoning County Common Pleas Court, who is presiding over the case, has not ruled on the request.

Cunningham, 31, of Wilcox Street in Alliance, is in the Mahoning County jail in lieu of $500,000 bond. He presently has no hearings scheduled, according to online court records.

Wade, 44, received a civil stalking protection order against Cunningham on March 31 in Mahoning County Common Pleas Court after she requested one, alleging Cunningham was “targeting my 12-year-old niece, and he is a convicted sex offender.” Wade alleged Cunningham had threatened her and her mother “almost every day” on his Facebook page.

Cunningham was convicted in November 2015 of sexual battery with a sexual motivation in Stark County Common Pleas Court. He was convicted at the same time of gross sexual imposition of a victim under age 13 with sexual motivation.

According to Stark County Common Pleas Court records, Cunningham was indicted on charges of rape and gross sexual imposition in March 2015. In October 2015, he pleaded no contest to sexual battery and gross sexual imposition and was sentenced to three years in prison in November 2015.

According to an appeals court document, Cunningham’s convictions were for incidents from 2010 between Cunningham and a victim younger than 13.