When Naythen Aubain was arraigned back on January 7th, his Public Defender requested an Article 730 exam to determine if he was competent to assist in his defense and to stand trial. The results of that exam were presented today and it was determined that Aubain is not competent.
Aubain is accused of killing his grandmother, Katherine Aubain and another woman, Jane Wentka. At his arraignment, Naythen Aubain told the court that he had killed the women and cut them up. He said that he did it in the name of Jesus Christ.
Oneida County District Attorney Scott McNamara announced Tuesday that the results of the reports by two licensed psychologists were accepted by Utica City Court Judge Christopher Giruzzi. Mcnamara noted that the purpose of these tests were limited to determining if Aubain was able to understand the proceedings against him and assist in his own defense. The question of his mental health status regarding criminal responsibility for the actions he is accused of were not involving in these tests.
Naythen Aubain has been committed to an institution where he will be subject to on-going evaluation and if it is determined that he has adequately recovered to the point that he can stand trial, the criminal prosecution will resume.
McNamara said that his office will continue to work toward taking this case to a Grand Jury. Aubain is charged with two counts of First Degree Murder.