A New Albany man indicted earlier this year in a 2004 murder has been found not competent to stand trial by two psychiatrists.

A grand jury in May found sufficient evidence existed to charge Antonio Malone, 31, with the murder of 24-year-old Alissa Lee, of Bono Road in New Albany. The woman’s body was discovered at Binford Park 18 days after she walked to a convenience store to buy cigarettes and did not return.

Two psychiatrists submitted their assessments of Malone to the court in October. A competency hearing had been scheduled for Monday, but the hearing was canceled and the prosecutor and Malone’s public defender agreed he was not competent, according to the chronological case summary.

According to court officials, no orders have been issued by the judge.

Malone had been incarcerated in the Floyd County Jail since 2007. He has charges of receiving stolen property and three counts of battery resulting in serious bodily injury. Prosecutors say Malone made statements to detectives while in jail that implicated himself in Lee’s murder as well as a murder in Louisville.

Malone was indicated for murder by a grand jury in Jefferson County.

In July 2008, Malone was found incompetent to stand trial and Floyd County Circuit Court Judge J. Terrence Cody ruled that the case should be delayed. Court records state he was moved to a mental health facility for “competency restoration services.” In January 2009, it was determined Malone was fit to stand trial.

Chief Deputy Prosecutor Steve Owen said on Monday that doctors could later determine Malone is competent and return him to the Floyd County Jail.

Indiana’s legal definition of competence is the ability to understand the proceedings and assist in the preparation of a defense.



IUS assault suspect charged in Louisville murder

The Louisville man accused of assaulting an Indiana University Southeast student on campus is still facing charges in the case, but he now has much bigger concerns in Louisville.

Zachary Kilgore, 33, of Plato Terrance, was one of five suspects indicted in a double-murder that occurred last month at an apartment complex near Cane Run Road in Louisville.

According to Louisville Metro Police Department, the suspects provoked an argument with Diane Wood, 50, and her son Steve, 29. The mother and son were shot to death. Kilgore is charged with two counts of murder, assault and tampering with physical evidence.

Kilgore had been arrested in October for allegedly assaulting a student as she sat in her car in the Hickory parking lot by Knobview Hall. According to what she told police, he also pointed a gun at her. Police searched for Kilgore but did not find him on campus.

Attorney Patrick Renn, who had previously been representing Kilgore, argued at a hearing on Nov. 5 in Floyd County Superior Court No. 1 that the story was “completely fabricated.”

Renn said there was a videotape placing Kilgore at a Louisville church about the same time as the alleged assault. He said the alleged victim in the case wanted to drop the charges.

Deputy Prosecutor Tim Gray said at the hearing that the charges may be dismissed at some point, but for now, a jury trial remains set in the case for March 8.

Last week, Gray filed an amended count charging Kilgore as a habitual offender.

Kilgore is being held in Jefferson County, Ky., and would have to answer for the murder charges before possibly being transported to Floyd County to face charges of class C felony intimidation, class D felony pointing a firearm and class A misdemeanor domestic battery.