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Tweedy To Undergo Second Psych Evaluation
By Nathan Johnson
nathan.johnson@yankton.net
A Nebraska man charged with a Yankton murder received permission Thursday from a judge to get a second psychiatric evaluation before entering a plea on the matter.
Defense attorney Dan Fox requested the second evaluation during the afternoon hearing as Shane Tweedy sat next to him in leg and arm shackles.
The 29-year-old Crofton, Neb., man was indicted by a grand jury in June on charges of first-degree murder and commission of a felony while armed with a gun in connection with the shooting death of Patrick Montgomery in May.
An evaluation was recently completed by a doctor at the South Dakota Human Services Center. The results of that assessment were given to the defense and Circuit Judge Glen Eng, while the Yankton County State’s Attorney Office received only a cover sheet with its conclusions.
Fox declined to share any of the evaluation’s findings with the Press & Dakotan Thursday.
During the hearing, Fox sought permission to get the second opinion from a well-regarded Minnesota doctor, which would require Tweedy to be transferred out of state for the evaluation.
Erich Johnke of the state’s attorney office objected to the request, but Eng said the court would consider appointing someone else to do an evaluation. He requested that Fox submit the credentials of other potential doctors who are closer to Yankton and would not require Tweedy to be transferred out of state, although the Minnesota doctor will remain a candidate.
Since Tweedy will be getting a second evaluation, Eng said he did not feel comfortable taking a plea Thursday as scheduled.
Fox requested permission to start filing court motions even though no plea had been entered. Eng agreed that to delay the filing of motions would prevent the case from moving forward expeditiously and agreed to the arrangement.
Also during Thursday’s proceedings, Johnke asked that his office receive a copy of the full mental evaluation completed at the Human Services Center.
However, Fox told the judge that his client may have disclosed things that could be considered self-incriminating during the assessment process. He said a redacted version would be hard to understand because many of its conclusions are based on potentially incriminating statements.
Eng acknowledged the defense’s concerns and said he believes the conclusions of the evaluation provided to the state’s attorney office are sufficient.
A review hearing on the case was set for Sept. 23.
Tweedy faces life in prison or the death penalty if convicted of first-degree murder. Additionally, a $50,000 fine may be imposed.
He is currently being held in the Yankton County jail on a $500,000 cash-only bond.
Defense attorney Dan Fox requested the second evaluation during the afternoon hearing as Shane Tweedy sat next to him in leg and arm shackles.
The 29-year-old Crofton, Neb., man was indicted by a grand jury in June on charges of first-degree murder and commission of a felony while armed with a gun in connection with the shooting death of Patrick Montgomery in May.
An evaluation was recently completed by a doctor at the South Dakota Human Services Center. The results of that assessment were given to the defense and Circuit Judge Glen Eng, while the Yankton County State’s Attorney Office received only a cover sheet with its conclusions.
Fox declined to share any of the evaluation’s findings with the Press & Dakotan Thursday.
During the hearing, Fox sought permission to get the second opinion from a well-regarded Minnesota doctor, which would require Tweedy to be transferred out of state for the evaluation.
Erich Johnke of the state’s attorney office objected to the request, but Eng said the court would consider appointing someone else to do an evaluation. He requested that Fox submit the credentials of other potential doctors who are closer to Yankton and would not require Tweedy to be transferred out of state, although the Minnesota doctor will remain a candidate.
Since Tweedy will be getting a second evaluation, Eng said he did not feel comfortable taking a plea Thursday as scheduled.
Fox requested permission to start filing court motions even though no plea had been entered. Eng agreed that to delay the filing of motions would prevent the case from moving forward expeditiously and agreed to the arrangement.
Also during Thursday’s proceedings, Johnke asked that his office receive a copy of the full mental evaluation completed at the Human Services Center.
However, Fox told the judge that his client may have disclosed things that could be considered self-incriminating during the assessment process. He said a redacted version would be hard to understand because many of its conclusions are based on potentially incriminating statements.
Eng acknowledged the defense’s concerns and said he believes the conclusions of the evaluation provided to the state’s attorney office are sufficient.
A review hearing on the case was set for Sept. 23.
Tweedy faces life in prison or the death penalty if convicted of first-degree murder. Additionally, a $50,000 fine may be imposed.
He is currently being held in the Yankton County jail on a $500,000 cash-only bond.
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