116 3rd St SE
Cedar Rapids, Iowa 52401
Bond review, custody pending for Cedar Rapids man found incompetent to stand trial
Trish Mehaffey Sep. 30, 2014 7:00 pm
CEDAR RAPIDS - A bond review and placement hearing will be reset for a Cedar Rapids man found incompetent to stand trial for sexually assaulting a 13-year-old girl last year.
A judge last week found Troy Davenport, 44, not competent for trial following two psychiatrists evaluations which found he was suffering from a mental disorder and not competent for trial. She suspended further court proceedings until his competency can be restored.
Davenport's public defender Sarah Hradek asked the court for more time Tuesday to find placement in the community where Davenport can receive mental health services to regain competence and possibly be on pretrial release.
First Assistant Linn County attorney Nick Maybanks filed a resistance, asking the court to find that Davenport poses a 'danger” to the public and the 13-year-old girl he is accused of assaulting, and he doesn't qualify for pretrial release. Davenport is accused of sexually abusing the teen on repeated occasions over a short period of time. Davenport would give the girl candy and told her to not tell anybody and keep it a secret, according to the motion.
Maybanks in the motion asks the court to commit Davenport to the custody of the Iowa Department of Corrections to place him in an appropriate inpatient treatment center to restore competency as provided for in state code, which would likely be at the Iowa Medical Classification Center.
As an alternative, Maybanks argues that the court leaves the current $50,000 cash or surety bond in place and Davenport be committed to the custody of the Iowa Department of Human Services for restoration treatment as allowed by state law.
Davenport is charged with third-degree sexual abuse and lascivious acts with a child. He is accused of fondling and sexually assaulting the 13-year-old Sept. 1 through Oct. 31, 2013, according to a criminal complaint.
The bond and placement hearing hasn't been reset at this time.
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