DARLINGTON - The case of a Belmont man accused of having sex with a mentally disabled girl will proceed to trial after questions of whether he is mentally competent to stand trial were dropped Tuesday.
Zackerie C. J. Fagan, 19, faces a Class C felony count of second-degree sexual assault of a mentally ill victim after an incident on March 11, when he reportedly performed sex acts on an underage teenage girl.
According to a criminal complaint, the victim was unaware of or confused by the concept of sex because of a developmental disorder. In addition, Fagan was reportedly aware of the victim's condition before engaging in sexual activities with her.
On March 21, Fagan's attorney, Jane Bucher, filed for a competency hearing to gauge whether Fagan's own mental faculties are sufficient to stand trial. However, at the competency hearing on Tuesday, the matter was dropped when Bucher declined to contest the hearing.
Fagan's preliminary hearing is now scheduled for Tuesday. His maximum possible sentence is 25 years in prison.
Zackerie C. J. Fagan, 19, faces a Class C felony count of second-degree sexual assault of a mentally ill victim after an incident on March 11, when he reportedly performed sex acts on an underage teenage girl.
According to a criminal complaint, the victim was unaware of or confused by the concept of sex because of a developmental disorder. In addition, Fagan was reportedly aware of the victim's condition before engaging in sexual activities with her.
On March 21, Fagan's attorney, Jane Bucher, filed for a competency hearing to gauge whether Fagan's own mental faculties are sufficient to stand trial. However, at the competency hearing on Tuesday, the matter was dropped when Bucher declined to contest the hearing.
Fagan's preliminary hearing is now scheduled for Tuesday. His maximum possible sentence is 25 years in prison.