Continuance granted for Mt. Morris man as defense seeks mental health evaluation

OREGON – The attorney for a Mt. Morris man charged with attempted murder told an Ogle County judge Thursday that he is seeking a mental health evaluation of his client and likely will file a motion asking that the court determine his fitness to stand trial.

Malachi M. Voight, 18, did not appear in court Thursday after his attorney, Brandon Gecan of Tess, Crull & Arnquist in Rochelle, asked that his appearance be waived since he was undergoing inpatient treatment at a Chicago-area clinic.

Gecan said he had just been in contact with Voight before the start of Thursday’s hearing. “He was just beginning a group session, so I am asking that his presence be waived for treatment purposes,” Gecan told Judge John “Ben” Roe.

Voight was arrested by Ogle County sheriff’s deputies who allege he hit a 62-year-old man in the head with a dumbbell, tried to strangle him and bit off a piece of a toe of a 60-year-old woman during a Feb. 14 altercation at Mt. Morris Estates, east of Mt. Morris.

The two alleged victims and Voight were treated at KSB Hospital in Dixon, deputies said. Voight was arrested upon his release on Feb. 27. He also is charged with two counts of aggravated battery of a person older than 60 and two counts of aggravated battery.

His detention hearing was Feb. 29, when prosecutors argued to keep Voight in custody, arguing that attempted murder was a detainable offense, there was a preponderance of evidence that he committed the offense and that Voight posed a “real and present” threat to the victims and community if he were released.

The defense argued that Voight could be released with a combination of conditions. Roe agreed. He released Voight with the conditions that he stay at a home in Machesney Park when not in treatment, wear a GPS monitoring bracelet, attend school, check in daily with the Ogle County probation department and comply with any recommendations from its staff, and not break any laws or consume any alcohol or nonprescription drugs.

On Thursday, Gecan said he would be requesting a mental health evaluation by Jayne Braden, a forensic and clinical psychologist in Sycamore, and requested a 30-day continuance.

Assistant State’s Attorney Heather Kruse did not object to the continuance, and Roe set the next hearing for 3 p.m. April 11, reiterating that Voight continue to adhere to all the conditions ordered for his release. An Ogle County probation officer told Roe that Voight continues to be electronically monitored while he is receiving treatment at the facility.

“He needs to appear in person at his next court appearance,” Roe told Gecan, referring to Voight, “unless he’s in inpatient care.”