Attorney requests second evaluation for man accused of shooting children

Jun. 22—A South Toledo man accused of fatally shooting his girlfriend's two children and injuring a third will undergo a second medical evaluation regarding the defendant's not guilty by reason of insanity plea, a Lucas County Common Pleas Court judge ordered on Tuesday.

Kevin Moore, 28, of the 800 block of Byrneport Drive, appeared Tuesday by video connection from the Lucas County jail before Judge Eric Marks to review the results of an evaluation by Dr. Gregory Forgac at the Court Diagnostic and Treatment Center after entering the insanity plea Feb. 19.

Based on the results, Moore's defense attorney, John Thebes, asked for a second opinion, from Dr. Mark Babula of Central Behavioral Healthcare — a request the judge granted.

"Mr. Moore, we're continuing this case for you to be evaluated by a different doctor. Dr. [Gregory] Forgac was of the opinion that you did not meet the legal criteria for going forward on a plea of not guilty of reason of insanity," Judge Marks explained.

Moore is charged with two counts of aggravated murder, one count of attempted aggravated murder, and two counts of felonious assault, all with firearm specifications.

Moore, who was caring for the children at the time, is accused of fatally shooting Gabriel Phillips, 1, and Ahmir Phillips, 6, at the Byrneport Apartments on Feb. 5.

A third child, Ashtan Phillips, 4, was wounded, while 2-year-old Gracieana Phillips was unharmed. The felonious-assault charges refer to Moore having also fired toward the children's aunt and grandmother during the incident.

In February, Mr. Thebes first requested a competency evaluation and a March 19 report from the Court Diagnostic and Treatment Center found Moore is competent to stand trial — which evaluates a person's understanding of legal proceedings. Mr. Thebes then asked for an evaluation of his client's competency as it related to his mental status at the time of the offense.

Moore did not cooperate with the initial interview for that process, and was ordered to again be interviewed by Dr. Forgac, with the results revealed Tuesday.

Moore's evaluation by Dr. Babula is planned for late July or early August, Mr. Thebes said Tuesday, with a hearing to review the results scheduled for Aug. 3.

Moore remained in the Lucas County jail in lieu of $5 million bond.

Separately, Toledo police recognized two officers on Friday for their actions while responding to the Feb. 5 shooting.

Officers Michael Ellerbrock and Blake Wells rushed into the apartment to look for the children. Officer Ellerbrock picked up Ashtan Phillips and rushed him to the ambulance. Meanwhile, Officer Wells assisted his fellow officer by guiding him over the icy parking lot so he would not fall with the child in his arms, according to the police department.

Officer Ellerbrock assisted paramedics in life-saving measures for Ashtan, while Officer Wells assisted medical responders with the two deceased children in the apartment.

First Published June 22, 2021, 11:11am