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Cops & Courts

Competency test sought in child rape case

  • 23327147

    Gary L. McCain, 45, of Elyria, accused of raping a young boy, pleaded not guilty Tuesday morning to felony charges in Medina County Common Pleas Court.

    ALYSSA ALFANO / GAZETTE

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23327147

Gary L. McCain, 45, of Elyria, accused of raping a young boy, pleaded not guilty Tuesday morning to felony charges in Medina County Common Pleas Court.

ALYSSA ALFANO / GAZETTE Enlarge

MEDINA — Medina County Common Pleas Judge Joyce V. Kimbler ordered a competency evaluation Tuesday for an Elyria man accused of raping a young boy in June.

Gary L. McCain, 45, was indicted last week on counts of rape and kidnapping, first-degree felonies, and gross sexual imposition, a third-degree felony, in the incident involving a 6-year-old boy.

He pleaded not guilty to all charges Tuesday.

In a brief filed Monday, McCain’s attorney, Thomas L. Erb Jr., requested the competency evaluation for McCain.

In his brief, Erb wrote: “Counsel began receiving phone calls and information from the jail staff that Defendant has mental health issues which may prevent him from being able to understand the nature of the charges and be able to assist in his defense. After interviewing client, Counsel also has serious doubts that the defendant understands the nature of the charges against him or the potential penalties.”

Deputies were dispatched to Windfall Road in Sharon Township at about 11 p.m. June 23. McCain had been attending a graduation party in the area, county sheriff’s Chief Deputy Ken Baca has said, noting the case remains under investigation.

McCain remains in the county jail on $50,000 bond.



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