Dothan, AL (WTVY)- An Ozark man accused of killing his infant son will undergo mental evaluation and complete an I.Q. test following a court ruling. Jaylin Toles also won’t be able to represent himself in capital murder proceedings against him.
Toles, 20, recently filed a motion himself--the legal term is pro se--seeking evidence prosecutors plan to potentially use at trial.
However, Dale County Circuit Judge William Filmore denied Toles’ motion. “The Defendant in this case has appointed counsel and counsel was appointed at the time the pro se motion was filed,” his order states. He also advised Toles not to file additional motions himself but let his attorneys do it.
Toles is charged with violently throwing his two-month old son onto a stairwell early last year and failing to summon medical help for several hours. Investigative reports indicate he was annoyed because the child wouldn’t stop crying while Toles played video games.
In another recent order issued by Filmore, Toles was ordered to undergo mental and competency tests prior to his trial scheduled in May. If convicted, Toles could face the death penalty.