SKOWHEGAN, Maine — A St. Albans man will undergo a psychological exam to determine if he is competent to assist in his own defense or suffered from a mental illness in connection with the death of his uncle, according to the Maine attorney general’s office.
Jeremy Erving, 25, told police that his uncle, Randy Erving, 53, was his best friend and he didn’t know why he shot him at his uncle’s McNally Road home on April 7.
Information on when Superior Court Justice Robert Mullen ordered the evaluation was not available Friday. The motion, dated May 10, asked that Erving be examined for “issues regarding the defendant’s competence, abnormal condition of mind or criminal responsibility.”
The motion is not specific about what might have led prosecutors to question Erving’s competency or mental state.
Efforts to reach Assistant Attorney General Bud Ellis, who is prosecuting the case, and defense attorney Philip Mohlar of Skowhegan were unsuccessful Friday.
The nephew was charged with murder on April 11 and indicted by the Somerset County grand jury on April 28.
Erving has pleaded not guilty to the charge.
A trial date is not expected to be set until Erving’s competency is determined.
Erving is being held without bail at the Somerset County Jail.
The results of the examination might allow Erving to change his plea to not guilty by reason of insanity. Information about whether the examination has been completed or not was not available Friday afternoon.
His uncle was found dead in his bed April 8 with a gunshot wound to the back of his head and a single .30-30 shell was found on the floor nearby, according to a previously published report.
Dexter police stopped Erving for suspected drunken driving about 12:55 a.m. April 8 while he was driving his uncle’s truck, the affidavit filed at the Somerset County Courthouse said. He allegedly had a loaded rifle with him. His blood alcohol level was 0.24, three times the legal limit of 0.08 to operate a vehicle, according to the affidavit.
Erving allegedly told police that he did not remember shooting his uncle but believes he must have since he was the only person in the house with him.
If convicted of murder, Erving faces between 25 years and life in prison.
BDN writer Nok-Noi Ricker contributed to this report.