WARSAW — A Castile man accused of repeatedly sexually assaulting two toddlers may be able to face trial after he was released from a psychiatric center.
Trey Barnhardt, 20, was released Tuesday from Rochester Psychiatric Center and returned to Wyoming County Jail.
Assistant District Attorney Gregory Kilburn said Barnhardt had an appearance in County Court Wednesday, where Judge Michael Mohun adjourned the case until next week to allowe Barnhardt’s attorney time to review information from a psychiatrist.
The psychiatrist determined that Barnhardt was “no longer an incapacitated person” and that he is now competent to stand trial, Kilburn said.
Barnhardt was indicted in January 2020 and charged with two counts of predatory sexual assault against a child, endangering the welfare of a child and falsely reporting an incident.
The predatory assault charge is New York’s most severe sex-related charge and carries a maximum sentence of 25 years to life in prison.
Barnhardt was arrested after a Wyoming County Sheriff’s Department investigation that began when Barnhardt called police to report that a child had told him that she has been sexually assaulted by another person.
Investigators said Barnhardt lied and that he was the abuser. He is accused of repeatedly sexually assaulting two children, ages 3 and 4.
In February 2020, a hearing determined that Barnhardt was “mentally incapacitated” and was unable to stand trial.
Mohun ordered Barnhardt be committed to the psych center, with updates on his condition every year for two years, or until he was ruled competent to stand trial.