Judge sends man accused of sexual assault to IMCC to restore competence

CEDAR RAPIDS - A judge ruled this week that a man accused of sexually assaulting a 13-year-old girl will be placed at the Iowa Medical Classification Center for treatment to restore his competency.

Troy Davenport, 44, was found incompetent to stand trial by two psychiatrists who said he was suffering from a mental disorder which affected his ability to understand the proceedings and effectively assist in his case.

Last month, 6th Judicial District Judge Mary Chicchelly suspended further court proceedings until his competency is restored. Sarah Hradek, Davenport's attorney, asked the court to place him on pretrial release and allow him to receive outpatient mental health services to regain competence and First Assistant Linn County attorney Nick Maybanks said he posed a danger to the 13-year-old girl and to the public. He asked for the court to place him in custody at IMCC in Coralville.

At a hearing last week, Hradek said she secured housing for Davenport with Cedar Valley Community Support Services and an Abbe Center counselor was willing to work on restoration with Davenport, which would allow him assistance in the community.

Melody Moser, director of programming at Cedar Valley, testified that they offer a community based residential support system for people like Davenport who have mental and developmental disabilities. There is staff to help residents make doctor or other appointments, monitor their medications.

Moser said they would have room for Davenport by November and he could live in an apartment or a supervised home. Cedar Valley is under the Iowa Department of Human Services.

Maybanks argued there is no security and Davenport poses a danger. He hasn't been convicted but he admitted his actions were wrong. He told the girl not to tell anyone. These are serious charges and he hasn't received any sex offender treatment.

Maybanks also said there are no assurances that Davenport would stay in restoration. He argued IMCC is the proper placement for him.

Chicchelly said in her ruling that she finds 'by clear and convincing evidence” that Davenport poses a danger to the public and orders he be committed to the custody of the Iowa Department of Corrections for placement at IMCC.

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.