Sanibel officer-involved shooting suspect found not competent for trial

FORT MYERS, Fla. The man accused of shooting and wounding a Sanibel police officer was found not competent to stand trial, Judge Bruce Kyle said Thursday morning.

Judge Bruce Kyle made his decision based on the recommendation of two doctors who examined the psychological health of 50-year-old Jon Hay.

Hay, 50, is charged with four counts of attempted first-degree murder in connection with the November 2016 shooting. He’s accused of shooting officer Jarred Ciccone in the shoulder while he was conducting a traffic stop. Hay and police later exchanged 14 rounds of gunfire.

Several factors go into determining psychological competency, according to Dr. Paul S. Kling, who examined Hay.

“They have to be mentally capable of going to court, understanding what’s going on, what is in their best interest, their rights as a defendant,” Kling said. “And they have to be able to participate in their defense.”

Hay, who fired his first attorney, lashed out during a June hearing at the public defender who took over his case, prompting Kyle to kick Hay out of the courtroom.

He’ll be in the custody of the Florida Department of Children and Families until it’s decided where he’ll go for treatment.

It remains possible Hay could still stand trial if treatment proves effective within the next five years.