A Lexington man has been ruled incompetent to stand trial for murder in the Dec. 21 shooting death of his former business associate.
But a judge ordered that James M. Kelley should be examined again in December to determine his competency.
Kelley, 53, was indicted in March in the death of John "Bud" Dacci, 54. On Dec. 22, a police search for Kelley ended after he had shot himself in the head outside Pattie A. Clay Regional Medical Center in Richmond.
Kelley suffered a traumatic brain injury as a result of the self-inflicted head wound, Mercer Circuit Judge Darren Peckler wrote in an order filed Tuesday.
Kelley also suffered a heart attack while being treated for his head wounds in the emergency room, Peckler wrote.
Kelley was examined by Dr. Greg Perri, a licensed clinical psychologist at the Kentucky Correctional Psychiatric Center at La Grange. Perri's 22-page evaluation of Kelley was filed under seal with the court.
However, in his order, Peckler wrote that Kelley's evaluation consisted of several tests. Perri concluded that Kelley's mental status was consistent with a generalized brain dysfunction secondary to a traumatic brain injury. In Perri's opinion, Kelley was incompetent to stand trial, especially when coupled with Kelley's post-traumatic amnesia.
"Dr. Perri further noted that the defendant does not appear to be malingering or faking," Peckler wrote.
Kelley's condition will resolve itself with the passage of time, Peckler wrote, and the brain trauma will improve within one year from the time of the injury.
Kelley should be re-evaluated on or before December, Peckler wrote in the order. Kelley will remain in custody.
Kelley also was indicted on charges of first-degree robbery, first-degree burglary and first-degree assault for allegedly shooting Dacci's wife, Maryann, at the Dacci house on Ashley Camp Road near Herrington Lake.
Court records say Kelley forced his way into the Dacci house and shot John Dacci. Maryann Dacci tried to escape but Kelley prevented her from doing so and then shot her. When Kelley fled, Maryann Dacci called 911.
Dacci and Kelley had been business partners in Dacci's Heating and Air Conditioning in Lexington. Kelley was listed as the secretary of that business until 2007, according to records in the Kentucky secretary of state's office.