The mother of the Ithaca man accused of fatally cutting a UPS disciplinarian in the Ithaca Walmart parking lot requested on Friday the ability to accomplish acknowledged decisions for her son and to become his acknowledged guardian.
In a affidavit address filed in Tompkins County Supreme Cloister on Friday morning, Linda Edwards said she is the mother of Justin R. Barkley, 38, of Ithaca, and asked the cloister to let her accomplish decisions in acknowledged diplomacy he is currently facing, handle his medical needs and administer his banking assets.
Police say Barkley fatally attempt William Schumacher, 52, of Candor, in the with a burglarize on Dec. 8 afore active over the victim in a barter and beat to his abode on Dryden Road, alpha an eight-hour collision with authorities until he ultimately surrendered.
Prosecutors answerable Barkley with annihilation in the additional amount — a chic A-1 abomination — and alarming a badge administrator or accord administrator — a chic D abomination — and he is currently actuality captivated in Tompkins County Jail after the advantage for bail.
Barkley “is clumsy to booty affliction of his needs both health, mental, acknowledged and banking affairs,” Edwards wrote, because two psychiatric examiners bent that he was clumsy to accept the cloister affairs adjoin him and abetment in his own defense.
“In discussions with [Barkley], he is clumsy to accept the attributes of the bearings or the absolute facts/matters that had taken place,” Edwards wrote. “He is additionally absolutely clumsy to allege realistically, accurately or coherently about the bearings which he faces.”
Edwards requested administration of Barkley for an broad aeon of time, no beneath than a year. Parental administration of a adolescent ends on the child’s 18th altogether in New York.
Reached by buzz Friday evening, Edwards said she had no animadversion on her appeal for guardianship. Advocate James Baker, who is apery Barkley in his bent case, additionally beneath to comment.
District Advocate Matthew Van Houten told The Sun that he still expects Barkley to be accounted competent back he is evaluated added thoroughly by altered psychiatric examiners.
Van Houten additionally said Edwards’ address will not affect the bent case in any way and that she should not be able to accomplish acknowledged decisions for Barkley, behindhand of whether he is competent or not.
“If [Edwards] is attractive to accept an access on the bent case — in added words, put herself in Mr. Barkley’s shoes — that’s not how it works,” he said. “If [Barkley] is not competent to accomplish a accommodation or to participate in his own defense, there’s a action for that. It’s not absolution addition abroad accomplish decisions for him or to footfall into his shoes.
Van Houten said Barkley “is able to accept what’s accident and accomplish decisions, he aloof doesn’t appetite to,” and added that he expects Barkley to argue his mother’s petition, the aftereffect of which will be bent by a Tompkins County Supreme Cloister judge.
Edwards, in her petition, said she is acceptable to act as Barkley’s guardian because she “has been his mother and carefully complex in his life. Of all of the accessible and accommodating bodies to backpack out this function, she is the best accustomed with his needs and assets.”
Barkley’s barter is impounded and he may owe money on a motorcycle, Edwards wrote. She is requesting the ascendancy to administer his banking assets, and said that he has added than $2,500 in his coffer account, although she does not apperceive the exact figure.
Syracuse advocate Michael Harris, who is apery Edwards in her petition, could not anon be accomplished for animadversion Friday evening.
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