WEST VALLEY CITY, Utah (ABC 4 News) – A man accused of sexually molesting a child inside a West Jordan library bathroom had a remarkably similar case dismissed from 2015.
The question is: why?
Troy Sickler was arrested in connection with the recent case in West Jordan. But ABC4 uncovered court documents that show Sickler was charged with “Lewdness involving a child” after being arrested at a West Valley Library library branch in 2015.
Sickler “crawled under the stall and exposed” himself to a young boy at that library. The boy screamed, and Sickler was arrested.
In 2016, though, his case was dismissed because Sickler is “intellectually impaired,” according to documents.
Documents show Sickler’s “IQ is too low.” And: “…the defendant is currently incompetent to stand trial in that defendant is currently suffering from a mental disorder,” documents show.
“Competency differs from insanity,” said Kent Morgan, a former prosecutor who is now a defense attorney.
“Competency is, do you have the ability to understand the nature of the charges against you, and can you assist your attorney in your defense? If you cannot do that, because of a mental disease or defect, then you cannot be tried,” said Morgan.
Morgan says this time around, Sickler could be sent to a mental institution — possibly for life.
“The word that comes to mind is travesty,” said Morgan.
“Looking out for somebody else’s rights, another child has been subjected to criminal activity. And, what a terrible crime,” added Morgan.
Jeff Hall, chief deputy district attorney with Salt Lake County, says the allegations in the current case are “troubling.”
In the previous case from 2015, Hall says Sickler was accused of a misdemeanor and he didn’t have a criminal history.
In the current case, Hall says the question will be whether Sickler is still deemed incompetent to stand trial.
If so, he would go to civil court with the possibility of being committed.