A 39-year-old man charged with gross sexual imposition will have his trial delayed for one year while his competency to stand trail will be tested at a Columbus behavioral health care center.
David Hartzog, from The Plains, was charged with three counts of gross sexual imposition after he allegedly performed oral sex on a 3-year-old boy and fondled a 9-year-old girl.
Hartzog was taken to the Athens Behavioral Health Center for observation and treatment Sept. 15 after a court-appointed psychologist found an immediate need for inpatient treatment. He returned to the Southeastern Ohio Regional Jail Sept. 29, according to the jail’s booking records.
During an Oct. 11 hearing, the court found him not competent to stand trial. According to a journal entry filed Oct. 18, Hartzog will be transferred to the Timothy B. Moritz Forensic Unit of Twin Valley Behavioral Healthcare, a maximum-security facility in Columbus.
The court found that there is a chance Hartzog will regain competency within one year. If so, his case will continue. Hartzog is currently being held at the jail and will be transferred to Twin Valley once space is available.
Gross sexual imposition is a third-degree felony. Hartzog could be sentenced to a maximum of 15 years in prison and a maximum fine of $30,000 if convicted, according to the Ohio Revised Code.
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