By MELINDA WILLIAMS
A 66-year-old Pulaski man facing three sex-related charges was determined Friday to be incompetent to stand trial, thus delaying his case until at least December.
Pulaski County Circuit Court Judge Marcus Long Jr. entered an order requiring David Lee Cumbee to be referred to New River Valley Community Services to see if he can be restored to competency. A Dec. 20 court date was scheduled to review the case.
Cumbee, who is charged with forcible sodomy, object sexual penetration and attempted sexual intercourse, is being held without bond at New River Valley Regional Jail. Defense attorney Chris Tuck asked the judge to allow his client to post bail and go home at least while community services is working with Cumbee.
Tuck said Cumbee is believed to be suffering from dementia and, if that’s the case, “he’s not going to get better.”
Cumbee told the person conducting the competency evaluation that he had never met Tuck even though Tuck has met with and appeared in court with Cumbee multiple times, Tuck told the judge. During an earlier appearance in court, Tuck said Cumbee thought the year was 1947.
Assistant Commonwealth’s Attorney Dina Branco objected to Cumbee being released from custody. She said the court determined (in June) that Cumbee is a potential danger to the alleged victim.
Branco pointed out the evaluation states that Cumbee may be suffering from alcohol-induced dementia. She suggested a medical evaluation is needed to determine what form of dementia the defendant has, if any.
Judge Long decided to keep Cumbee incarcerated, saying that the evaluation indicates Cumbee “may” have dementia, but there has been no official medical diagnosis as such.
Cumbee was indicted in February 2012 in connection with an incident that is alleged to have occurred in May 2011. In June 2012 he underwent a competency evaluation and was determined to be incompetent to stand trial. He was returned to competency in October of that year, court records show.