DA: Suspected killer declared unfit to stand trial in Utica

Oneida County District Attorney Scott McNamara tweeted that the Utica City Court received the results of Naythen Aubain's psychiatric examinations Tuesday morning.

Posted: Jan 15, 2019 11:29 AM
Updated: Jan 15, 2019 5:18 PM

UTICA, N.Y. -- Two licensed psychologists have determined the suspect charged in Utica's double homicide on Tilden Avenue is not competent to stand trial. 

Oneida County District Attorney Scott McNamara tweeted that the Utica City Court received the results of Naythen Aubain's psychiatric examinations Tuesday morning.

Both psychologists also say that Aubain is not fit to proceed, in accordance with the New York State Criminal Procedure Law. 

The 29-year-old is accused of killing his 90-year-old grandmother, Katherine Aubain, and their 87-year-old landlord, Jane Wentka. He was charged with two counts of first-degree murder.

He was moved from the Oneida County jail to a facility run by the Office of Mental Health.

Oneida County District Attorney Scott McNamara explained that sometimes people can fake their psych exam, sometimes people are on synthetic drugs, or sometimes people simply don't cooperate with the psychologist trying to interview them.

“Historically, we have seen this on many occasions where someone will be initially not competent and after they're in a facility, office of mental health facility for a period of time. Then they will be deemed fit to stand trial. A lot of times that's four weeks to six months, generally that's the time period we see when they do come back,” said McNamara.

The difference between this psych exam and an insanity defense is in this exam, they look at the status of the suspect now and if they can assist in their own defense.

When they look at an insanity defense, the law looks at the status of the suspect at the time of the crime.

Aubain, at his arraignment, wore a net around his head to keep him from spitting at people around him.

Officials say Aubain was referred to the Utica City Mental Health Court last March following an incident, where police say he strangled his grandmother.

Court records show he showed up for all of his weekly, required court appearances until the alleged killings.

New York Coronavirus Cases

County data is updated nightly.

Cases: 1998912

Reported Deaths: 51579
CountyCasesDeaths
Kings2647539990
Queens2635139581
Suffolk1935463314
Nassau1773443116
Bronx1748526394
New York1322964329
Westchester1257262245
Erie825881706
Richmond707011753
Monroe611141034
Orange46133782
Rockland45700941
Onondaga36061661
Dutchess27982435
Albany23679345
Oneida21454497
Niagara18314333
Broome17417348
Saratoga14418160
Ulster13039241
Schenectady12420192
Rensselaer10679136
Putnam1021791
Chautauqua8419134
Chemung7162133
Oswego698690
Ontario688792
Steuben6296141
St. Lawrence621795
Sullivan615368
Cayuga587190
Jefferson546565
Wayne526067
Cattaraugus516981
Genesee5065121
Herkimer4930107
Clinton455032
Madison430286
Fulton408186
Tompkins405849
Livingston401858
Montgomery3896116
Columbia383299
Cortland354660
Tioga341258
Warren338656
Wyoming326151
Otsego319647
Allegany318583
Greene312674
Chenango309174
Washington285755
Orleans277683
Lewis245734
Franklin240312
Delaware217036
Seneca188356
Schoharie155215
Essex150426
Yates111026
Schuyler99014
Hamilton3012
Unassigned14367
Out of NY0216
Rome
Mostly Cloudy
47° wxIcon
Hi: 61° Lo: 36°
Feels Like: 47°
Binghamton
Mostly Cloudy
45° wxIcon
Hi: 60° Lo: 35°
Feels Like: 45°
Rome
Partly Cloudy
47° wxIcon
Hi: 62° Lo: 37°
Feels Like: 47°
Rome
Partly Cloudy
47° wxIcon
Hi: 57° Lo: 35°
Feels Like: 47°
WKTV Radar
WKTV Temperatures
WKTV Severe Weather
Saluting Those Who Are Proud 2 Serve
Enter the Rock Your Body Giveaway from Alivana Aesthetics
Looking for work or looking to hire? Check out the WKTV Job Fair!