One of three teens suspected of beating and robbing an elderly man was found competent Tuesday to stand trial.
Trey Lee Irvin, 18, appeared in Pontotoc County District Court July 12 with his attorney. A pre-trial conference was set for Aug. 25., according to Assistant District Attorney Jim Tillison.
Irvin, along with Daniel Vivier, 18, and Grant Johnson, 17, is charged with beating and robbing 86-year-old Claude Arterburn who was found severely beaten Jan. 18, at his home.
Irvin’s attorney filed a motion to determine competency to stand trial. Irvin was evaluated to determine if he understands the nature and consequences of the court proceedings and whether he is able to assist his defense attorney.
According to court documents, during his evaluation, Irvin said he was aware of the charges, but said he didn’t have anything to do with the crime.
“I can’t remember," he said. “I wasn’t there. I was with my friend... I was seen where my mom lives.”
Irvin, Johnson, and Vivier were bound over to stand trial following a finding by a judge in April that there was sufficient evidence to establish that the offense was committed.
Following the preliminary hearing testimony, the court agreed with the state’s motion to certify Vivier and Johnson to allow adult sentences should they be found guilty.
Johnson’s attorney has since filed a motion with the Oklahoma Court of Criminal appeals to reverse that decision.
In late June, Vivier’s attorney filed a motion to determine competency to stand trial. A hearing has not been set, Tillison said.
All three defendants were originally charged with attempt to kill, robbery with a dangerous weapon, first-degree burglary, conspiracy to commit a felony and larceny of an automobile. A charge of maiming was later added to the list.