Mental evaluation requested for pipe bomb suspect

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July 19, 2012

Mental evaluation requested for pipe bomb suspect

Kenneth Hart The Independent The Daily Independent Thu Jul 19, 2012, 01:33 AM EDT

GREENUP — A North Carolina man arrested last week with a cache of weapons, including a pipe bomb, in his vehicle will undergo an evaluation to determine if he is mentally competent to stand trial.

Tommy Lee Gumbert’s attorney, David Mussetter, requested the evaluation Wednesday at his client’s initial court appearance for what was to have been a preliminary hearing in Greenup District Court.

Assistant County Attorney Matthew Warnock had no objection to the request and Judge Brian McCloud granted it.

Mussetter told the court he met with Gumbert Monday at the Greenup County Detention Center and “spent quite a bit of time” with him. Based on that meeting, Mussetter said it was his belief his client needed to be evaluated.

The evaluation most likely will take place at the Kentucky Criminal Psychiatric Center at LaGrange. After it’s completed, a hearing would be held and the decision on whether Gumbert is competent for trial would be left up to a judge. Defendants are generally deemed incompetent when they are found to be unable to participate and assist in defending themselves in court.

Gumbert is being held without bond, and McCloud ordered that to continue. He also rescheduled the preliminary hearing for Aug. 15. However, he said it was possible a grand jury could take up the case before then, which would negate the need for the hearing.

Gumbert, of McLeansville, faces a dozen state charges stemming from his arrest by a Raceland police officer who pulled over his Ford Windstar minivan on U.S. 23 in the early-morning hours of July 9.

Gumbert was stopped by Raceland Police Officer John Ross, who was responding to a report phoned in to Greenup County 911 dispatch of a southbound vehicle being driven in an erratic manner.

Gumbert pulled off U.S. 23 at Walker Road and got into an altercation with Ross, during which the officer was hit several times in the face. A second officer, from the Russell Police Department, responded to assist and also was attacked. The officers finally were able to subdue the suspect with the aid of a stun gun.

After Gumbert had been subdued, officers spotted a large knife inside his vehicle and initiated a search, which turned up the pipe bomb, a .357 Magnum revolver, a high-powered automatic rifle and a sawed-off shotgun, along with wigs and several changes of clothing.

Kentucky State Police and the Bureau of Alcohol, Tobacco and Firearms were notified. A KSP explosives expert used a robot to retrieve the bomb from the van and disarmed it at the scene. U.S. 23 was shut down for about 20 minutes while the process was taking place.

Investigators aren’t certain how Gumbert intended to use the explosive device.

Gumbert is charged with driving under the influence, reckless driving, two counts of resisting arrest, first-degree wanton endangerment, two counts of third-degree assault, third-degree criminal mischief, disorderly conduct, possession of an explosive device or booby trap and carrying a concealed deadly weapon.

Gumbert also could be charged in U.S. District Court for the pipe bomb and for possession of an illegal weapon, the sawed-off shotgun.

KENNETH HART can be reached at khart@dailyindependent.com or

(606) 326-2654.

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