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Judge waiting to see if Decatur man accused of sex assault in 2018 is fit to stand trial
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Judge waiting to see if Decatur man accused of sex assault in 2018 is fit to stand trial


DECATUR — A judge is still waiting to find out if a Decatur man accused of sexually assaulting a 6-year-old boy by biting him is mentally fit to stand trial.

The case against Colby J. Park dates to Oct. 7, 2018, and the 21-year-old Park has yet to enter a plea on charges of predatory criminal sexual assault and aggravated criminal sexual abuse. Prosecutors say the victim suffered a painful bleeding wound to his penis during the assault.

Park’s defense attorney, Dave Ellison, had requested a psychiatric exam be conducted in a motion filed in February, 2019, and Macon County Circuit Court Judge Phoebe Bowers had agreed and granted it.

But when the defendant appeared in court Thursday for a status hearing, Assistant Macon County State’s Attorney Lindsey Shelton told Bowers there was no answer yet on Park’s mental fitness.

“It’s my understanding that we are waiting to see if fitness can be restored within one year or not,” said Shelton. “It was unclear from the last report.” She said both prosecution and defense were now awaiting a supplementary report that will answer that question.

Bowers agreed to set the case back for a “fitness hearing” on Feb. 18. She told Park, who appeared in front of her accompanied by his father and another defense attorney, Thomas Wheeler, that he would not have to be present in court for the next hearing. He remains free on bail set at $5,000.

A sworn Decatur Police affidavit about the case said Park had taken the victim for a ride on a golf cart and came back sometime later with the child screaming in agony. “(The child’s mother) told officers that (her son) pulled down the front of his pants and she observed him to be bleeding heavily,” said Detective James Knierim.

The mother took off after Park, who fled the scene on his golf cart and was arrested three days later.

The victim said Park had offered to buy him candy if he performed a sex act and also bit him before pleading with him not to tell his mother.

“Yes I am,” the victim told police he had replied.

Contact Tony Reid at (217) 421-7977. Follow him on Twitter: @TonyJReid


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