Request to retry assault case denied — (Lexington Herald-Leader)

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Lexington Herald-Leader (KY)

March 13, 1991

Author: Staff, wire reports

BOWLING GREEN — Warren County Circuit Judge J. David Francis denied a request for a new trial for Rebecca McStoots, who was convicted of assault in the March 1990 shooting of a Bowling Green doctor.

Francis denied defense attorney Kelly Thompson’s motion that a complete competency hearing had not been conducted for McStoots, 39, of Leitchfield, before her trial in the shooting of Dr. John Tapp, 49.

Tapp was shot once in the neck with a .25-caliber pistol at his office after a disagreement about a disability form.

Thompson claimed during the trial that side effects of the drug Prozac, an anti-depressant, caused McStoots to shoot the doctor. The drug has been blamed as a triggering agent in violent acts nationwide, but its manufacturer has denied the accusations.

Francis said he would take under advisement Thompson’s request for a new trial concerning two alleged procedural errors during the December trial.

McStoots was found guilty Dec. 14 but has not been sentenced because of appeals.

 

 

Copyright (c) 1991 Lexington Herald-Leader
Record Number:  9101100109