Bionca Ellis, the woman accused of allegedly fatally stabbing 3-year-old Julian Wood, appeared in court for a pre-trial hearing on Tuesday morning.
Watch the hearing:
The judge said he wants Ellis to go to a court psychiatric clinic for further evaluation to determine if she is incompetent to stand trial.
Her attorney, Fernando Mack, said the defense believes she is incompetent but agreed to allow the state to continue their evaluation.
During her last pretrial hearing, her attorney said an evaluation was done last month in which she was deemed "incompetent to stand trial."
RELATED: Bionca Ellis attorneys say she is 'incompetent to stand trial' for fatal stabbing of Julian Wood
“Our expert communicated with Mr. Johnson (co-counsel) and I and believes that at this point, Miss Ellis is incompetent and not able to assist in her defense and cannot stand trial,” defense Mack told the judge.
The state requested that Ellis be referred to a court psychiatric clinic to confirm if she is "incompetent to stand trial."
That evaluation should happen before her next court appearance on Tuesday.
The trial is tentatively set to begin on Dec. 9.
What happened?
Ellis is accused fatally stabbing 3-year-old Julian Wood in a North Olmsted Giant Eagle parking lot in June.
RELATED: Community comes together for Julian Wood, 3-year-old boy killed in North Olmsted
According to police, Ellis stole two knives from the Volunteers of America thrift store and then walked next door to the North Olmsted Giant Eagle, where she spotted a 38-year-old woman pushing a child in a cart.
Investigators say Ellis followed the mother and her son, Julian, into the parking lot and then stabbed the child while he was in a grocery cart. When the mother tried to pull the boy out of the cart during the attack, Ellis stabbed her as well.
The mother and son were taken to a nearby hospital for treatment, but unfortunately, the boy succumbed to his injuries— the mother is expected to recover from hers.
The stabbing is believed to be a random attack, according to authorities.
The indictment
According to the Cuyahoga County Prosecutor's Office, a grand jury indicted Ellis on the following:
- One count of Aggravated Murder
- Two counts of Murder
- Two counts of Attempted Murder
- Two counts of Felonious Assault
- One count of Endangering Children
- One count of Tampering With Evidence
- One count of Misdemeanor Theft
Mental health concerns
Questions about Ellis' state of mind could influence the outcome of her prosecution.
“Given what we know about this tragic case, mental health is a big part of what’s going to be part of that case,” explained Michael Benza, a criminal law professor of practice at Case Western Reserve University School of Law.
He said if the court rules Ellis competent to stand trial, her defense could argue a not guilty plea by reason of insanity.
“Competency looks at today. Is she able to do this? Not guilty by reason of insanity looks backwards to the time of the crime. Was she capable of controlling and understanding at the time of the crime? So that issue would have to be explored,” Benza said.
If a jury convicts Ellis, her mental health could be evaluated again during sentencing. In capital cases, Ohio law bans the execution of someone with mental illness.
Benza also explained a probate court could become involved if the case does not move forward.
“Is she so mentally ill that we have civil procedures that could put her in a care facility because she is either a danger to herself or a danger to others?” he said.
News 5 previously reported on Ellis' past encounters with police and how her behavior raised concerns about mental health.
Investigator Tara Morgan found records showing Ellis claimed she had killed someone in California.
RELATED: Records: Bionca Ellis made claim about killing someone in California
