ASHEVILLE, N.C. (AP) - A murder charge that was filed against a North Carolina man has been dismissed because of his mental incompetence.
The Asheville Citizen-Times reports that a Superior Court judge issued the dismissal order on Wednesday for Buford James Penley, 45, of Asheville.
Penley had faced a first-degree-murder charge in the bludgeoning death of Joshua Christopher Stebbins in Asheville in 2017.
Since then, psychologists have found Penley incompetent. Penley has been mostly in state hospitals and will return to one for inpatient commitment.
Buncombe County District Attorney Todd Williams said the office is “frustrated” that it couldn’t present evidence to to jury and seek justice for the killing. But he also said the office recognizes state law regarding mental capacity. He said state lawmakers should consider revising it.
Penley’s attorney, Keith S. Hanson, said in court filings that three psychologists found Penley “incapable to proceed and unrestorable.” One psychologist found Penley’s IQ to be 65. That’s well below the average of 100.
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