HAMDEN, Ohio — A Vinton County judge has dismissed the criminal case against the 73-year-old grandfather at the center of one of Ohio’s most disturbing child welfare cases this summer, ruling that Gary Siders Sr. is not mentally competent to stand trial.
In an Oct. 6 entry, Vinton County Common Pleas Court Judge Laina Fetherolf Rogers dismissed 10 felony and six misdemeanor child endangerment charges against Siders without prejudice, meaning prosecutors could refile them later. The judge retained jurisdiction over Siders so that a civil commitment proceeding can move forward in probate court.
Siders appeared in court Sept. 9 to discuss a court-ordered psychological evaluation. At that hearing, both sides agreed he was not competent to stand trial. His attorney, Dorian Baum, said Siders cannot give direct answers to questions, suffers memory issues and has been unable to grasp the circumstances of the charges against him.
The case stems from the June 30 discovery of 16 of Siders’ grandchildren living in a Hamden home described by authorities as unsanitary and unhealthy. The children’s parents, Gary Siders Jr. and Elizabeth Siders, face multiple counts of felony child endangerment, as does the children’s grandmother, Christina Siders, 67.
Attorneys for all of the defendants have sought psychological evaluations. On Oct. 2, the attorney for Christina Siders asked that she be examined by a neuropsychologist, with court records noting some of her apparent mental symptoms could be the result of dementia — a factor that could also determine whether her case moves forward.
Baum said the dismissal without prejudice is unlikely to lead to a refiling given his client’s mental state. The court will now consider through the probate process whether Siders meets the standards for civil commitment.
