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Wednesday, October 28, 2009

Suspect in killing ordered to have mental evaluation

Both sides in the trial said they needed to establish Philip Kingery's competence.

Philip Kingery, who is accused of killing his wife Rose Kingery in July, attends a hearing Tuesday where a mental evaluation was ordered. The results of the evaluation are expected by December.

JARED SOARES The Roanoke Times

Philip Kingery, who is accused of killing his wife Rose Kingery in July, attends a hearing Tuesday where a mental evaluation was ordered. The results of the evaluation are expected by December.

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ROCKY MOUNT -- A mental evaluation has been ordered for a Hardy man accused of killing his wife in July.

Philip Kingery, dressed in a light blue jail uniform and handcuffed, entered Juvenile and Domestic Relations Court for a competency hearing Tuesday afternoon. His attorney and parents awaited him.

Judge Sarah Rice ordered the evaluation requested by Franklin County Commonwealth's Attorney Cliff Hapgood.

"Competency is an issue that needs to be resolved as well as his sanity at the time of the event," said Tony Anderson, Kingery's attorney, who had no objections to the evaluation. Kingery did not speak during the short hearing.

The evaluation and report on Kingery should take three to four weeks, the court estimated Tuesday.

In addition to determining Kingery's mental state at the time of the alleged crime, the evaluation will make sure he understands the legal process and is able to stand trial, Hapgood said.

Kingery, 48, is due back in court Dec. 16, when the results of the evaluation will be considered.

Kingery and his wife Rose were reported missing July 13. Four days later, Rose Kingery's body was found near the couple's Coopers Cove Road home.

A nationwide search for Philip Kingery ended about a week later in Fenton, Mo., outside of St. Louis, where he surrendered himself to police.

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