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Competency hearing ordered for Pendleton

Trial put on hold

Joshua Pendleton

Attorneys for Joshua Pendleton, the Fort Dodge man accused of killing the Rev. Al Henderson in October, have filed a motion for a competency hearing.

“The defendant is acting in an irrational manner,” the motion said. “The defendant is unable to fully appreciate the nature of the charge, understand the proceedings, or effectively assist in the defense.”

The motion requests that the court transport Pendleton, 36, to the Iowa Medical & Classification Center in Oakdale for a mental health evaluation.

District Court Judge Gina Badding granted the request Monday, scheduling the hearing for Jan. 10. At that hearing, the court will determine whether the allegations of incompetency have enough probable cause to suspend criminal proceedings for the man facing charges of first-degree murder and first-degree robbery.

Pendleton was charged shortly after police say he killed Henderson in an Oct. 2 confrontation outside of St. Paul Lutheran Church, 400 S. 13th St.

Further proceedings have been suspended pending the hearing next Friday. Pendleton’s trial was scheduled to begin Apr. 28.

Court records reflect Pendleton’s extensive history with charges in the criminal justice system. He has been charged numerous times over the last several years with attacking jailers and assaulting others, many times in conjunction with court-ordered treatment.

A closed circuit video of Pendleton, recorded at his initial appearance in Magistrate Court, showed the defendant visibly agitated or angry as he waited in the Webster County Jail for his court appearance with Webster County Jail Administrator Steve Elifrits. Though no audio is available, Pendleton is seen pounding his fist, pointing at the screen and appears to be shouting at Elifrits before exiting the room.

The defendant is held in the Webster County Jail on a $6 million cash-only bail.

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