Daily American Republic
A Bernie man accused of stabbing another man to death has been committed a second time to the Missouri Department of Mental Health. 41-year old Allen Dale McCoy aka “Smurf,” appeared Friday before Presiding Circuit Judge Michael Pritchett for a motion hearing in his case. McCoy was supposed to stand trial Sept. 15 in Butler County on first-degree murder and robbery charges and two counts of armed criminal action in connection with the death of Aubury Lee Finch on June 28, 2010. Finch, 67, was found dead in his Bernie home after authorities were told McCoy had said he stabbed the man several times and robbed him. Based on a new evaluation report, Pritchett signed an order committing McCoy to the Department of Mental Health “because of incompetency to proceed”. In February 2013, Presiding Circuit Judge Robert Mayer committed McCoy to the custody of the Department of Mental Health after doctors for the defense and state found him to be mentally disabled and incompetent to proceed. At that time, the defense wasn’t saying McCoy was not guilty by reason of insanity but didn’t have the mental faculties to understand the proceedings against him. On Feb. 26, 2014, an attorney representing the Department of Mental Health filed a motion to proceed with the Stoddard County Circuit Court. Mayer subsequently ordered McCoy be discharged and returned to the custody of the Stoddard County sheriff. The state originally sought the death penalty against McCoy but withdrew its intent in June 2014 after mental-health officials reportedly classified him as intellectually disabled but competent to stand trial.