10/30/2013 9:10:00 PM Ex-con accused in assaults to undergo another mental evaluation
By Patti Weaver
The jury trial scheduled to be held this week for an ex-convict accused of assaulting three men at Simpson's Chiropractic Clinic in Cushing last year has been postponed for the third time -- while he undergoes his third mental evaluation.
William Ray Doherty Jr., 42, who has been jailed since his arrest 17 months ago, "continues to appear to be delusional," his court-appointed attorney Albert J. Hoch Jr. maintained in another application for determination of competency filed last week.
"The defendant maintains that he has been poisoned and drugged in the jail. "The defendant asserted an unknown federal marshal has attended court proceedings and can exonerate him," the defense attorney added.
Payne County Associate District Judge Stephen Kistler ordered Friday that Doherty be transported to the Oklahoma Forensic Center in Vinita to be examined by a physician to determine Doherty's competency.
Earlier this month, Doherty's lawyer -- who had previously expressed doubts about Doherty's mental competency -- said that Doherty "wants to stipulate to competency and proceed to trial." The Payne County judge had previously ordered a mental evaluation of Doherty in July after his attorney said "the defendant has indicated to counsel that when he was age 15, President George Bush Sr. granted him an unconditional pardon for all crimes past, present and future."
A subsequent mental evaluation report compiled by a counselor with the Edwin Fair Community Mental Health Center indicated that Doherty was competent.
Doherty had previously been found mentally incompetent by a Payne County jury last year during a competency trial before Special District Judge Katherine Thomas -- who then ordered he undergo mental health treatment at the Oklahoma Forensic Center in Vinita.
After more than two months of treatment, Doherty was then found mentally competent, but his trial scheduled for last summer was subsequently postponed while he underwent another mental evaluation -- that found him competent.
Doherty has been accused of choking a male massage therapist and brandishing a knife at two male patrons when they attempted to intervene on May 23, 2012, at Simpson's Chiropractic and Physical Therapy Center in Cushing.
Doherty -- who was arrested about 15 minutes after the alleged attacks -- has also been charged with obstructing then-Cushing Police Chief Terry Brannon and Officer Bill McCarty by failing to remain seated in a vehicle and shouting profanities at the officers.
At the time, Doherty -- who was released from prison five years ago -- was living in Cushing with his father, court records show.
His father, William Ray Doherty Sr., sought an emergency protective order against his son a year ago while Doherty Jr. was undergoing mental treatment at the facility in Vinita.
"My son has been in and out of jail over the past several years for charges such as threatening act of violence, malicious injury, assault with a dangerous weapon, violating probation, (and has) four protective orders filed against him other than myself for striking," his father wrote in a petition for a protective order. "I know that as soon as he is released from jail, he will return to his pattern of drug abuse, which makes him very unpredicatable," his father wrote.
According to state Department of Corrections records, Doherty had been released from prison in 2008 after serving one and one-half years of a five and one-half year sentence for assault with a dangerous weapon in McClain County in 2003.
Doherty had been given a 10-year prison term in 1996 in Cleveland County for grand larceny after a former felony conviction, of which he served about five years prior to his parole in 2001, DOC records show.
Doherty had been given a nine-year prison term in 1996 in Cleveland County for possession of LSD with intent to distribute, of which he served about three and one-half years, DOC records show.
Doherty had been placed on probation in 1990 in Cleveland County for second-degree burglary, which was later changed to a five-year prison term, of which he served about two years, DOC records show.