Floyd man ruled incompetent to be tried on sex charges; ordered committed for treatment

By Bob Steenson, bsteenson@charlescitypress.com

A Floyd man facing six charges of sexual contact and sexual conduct with at least two girls has been judged incompetent to stand trial and ordered committed for treatment of a mental disorder.

Charles Earl Thompson, age 63, had been scheduled to begin trial in January on felony charges of sexual abuse in the second degree, a Class B felony, and lascivious acts with a child, a Class C felony, allegedly committed with a girl age 8-9 in 2018-2019, as well as other misdemeanor sexually related charges.

However, Thompson’s attorney, Matthew Pittinger of Mason City, had asked the court to delay the trial so that Thompson could be evaluated by a psychiatrist and have a competency hearing.

Pittinger told the court that he was concerned that Thompson did not understand what was happening in the court proceedings, and that Thompson’s family members were also concerned with his mental state.

The court ordered an evaluation then a competency hearing. That hearing was held Monday morning in Floyd County District Court in Charles City.

At the hearing, District Court Judge Colleen Weiland reviewed a report by the staff psychiatrist at the Iowa Medical and Classification Center Forensic Psychiatric Hospital, who had evaluated Thompson.

“The psychiatrist concluded that the defendant is not competent to stand trial and should be considered a candidate for restoration treatment,” Weiland said.

Floyd County Attorney Rachel Ginbey and Assistant Floyd County Attorney Randall Tilton, who were at the hearing Monday, did not request additional or independent examinations of Thompson.

Weiland ruled that Thompson “is suffering from a mental disorder which prevents him from appreciating the charge, understanding the proceedings, and assisting effectively in his defense.”

“There are sufficient lapses in the defendant’s understanding of the proceedings and his rights,” Weiland ruled, “He lacks satisfactory ability to comprehend and apply information” that would be presented during the proceedings.

She ruled that there is a possibility that Thompson could receive treatment that will restore him to competency to stand trial, but that he represents a risk to public safety and so is not eligible to receive treatment on an out-patient basis.

“The defendant is committed to the custody of the director of the Iowa Department of Corrections at the Iowa Medical and Classification Center, or other appropriate treatment facility as designated by the director, for treatment designed to restore the defendant to competency,” Weiland ruled.

She ordered the psychiatrist or psychologist who treats Thompson to provide a written status report within 30 days of his placement, stating whether Thompson can be restored to competency in a reasonable amount of time, then to provide status reports every 60 days and to immediately inform the court if Thompson’s competency is restored.

The costs of treatment are to be paid by the state.

In addition to the two felony charges, Thompson was also charged with two counts of indecent contact with a child, aggravated misdemeanors, alleged to also have occurred with a girl age 8-9 in 2018-19, and a charge of dissemination and exhibition of obscene materials to a minor, a serious misdemeanor, also involving a girl age 8-9 during 2018-2019.

The sixth count involves a girl age 15, who Thompson is alleged to have assaulted with the intent to commit sexual abuse in the summer of 2018, an aggravated misdemeanor.

Thompson was charged in October 2019 after a 9-year-old girl, interviewed at the Child Protection Center in Waterloo, alleged that Thompson touched her sexually at Thompson’s residence in Floyd.

Also as part of the proceedings Monday, Thompson was sent notice by the court that as a person who was ordered to be involuntarily treated for a mental illness, he is prohibited from possessing a firearm, and that information will be sent to the FBI National Criminal Instant Background Check System.