GLASGOW – A motion filed by the commonwealth was granted Tuesday in Hart Circuit Court to send Brina Nie to the Kentucky Correctional Psychiatric Center in LaGrange for examination of her mental condition.
Nie is accused of shooting her parents at their home at 370 G. Shelton Road in northern Hart County in April.
In the motion, the commonwealth stated the “defendant may lack capacity to appreciate the nature and consequences of the proceedings against (her).”
The examining psychiatrist will report his findings to Hart Circuit Court. In his report, he is to make a determination on whether or not Nie, “as a result of mental disease or defect, lacks capacity to appreciate the nature and consequences of the proceedings against (her) or to participate rationally in (her) own defense.”
The psychiatrist is also to report whether or not he thinks Nie is competent enough to stand trial and whether or not she will cause injury to herself or others if not restrained.
Nie is due back in court on Dec. 14 for a pretrial conference.
In the case of Nicholas Wilson, 29, of Mammoth Cave, a motion was granted Tuesday in Hart Circuit Court, giving the commonwealth time to respond to the defense's motion for discovery.
Wilson is accused in the homicide case of Timothy Devore that occurred in July 2017 in Hart County.
The commonwealth has provided the defense with a number of items relating to the case, but the defense is asking for additional items that were listed in the motion.
Included in that list were the contents of a cell phone, a crime scene log for 218 Old Main St., results of Leica scanner, return of subpoena for U.S. Bank surveillance footage, video surveillance from Fred's Department Store, a Munfordville Police Department file and data download of a tablet.
The motion also listed items that should already be in possession of the commonwealth, including documents, photographs and recordings relating to the case.
“Mr. Wilson must be informed of all of the evidence the commonwealth has against him in order to confront and cross-examine it at trial,” the motion said.