WEST CHESTER, Pa. --A judge has ruled a man competent for a capital murder trial in the beating death of his former girlfriend's young son.
Twenty-five-year-old Gary Lee Fellenbaum III is scheduled for trial in September in Chester County in the November 2014 death of 3-year-old Scott McMillan.
Judge William P. Mahon ruled him competent Monday and declined a defense request to move the trial or bring in an outside jury, but said that issue could be revisited if there was trouble assembling a panel.
The child's mother, 33-year-old Jillian Tait, pleaded guilty last week to third-degree murder and agreed to testify against Fellenbaum. Prosecutors have said they will seek capital punishment if he is convicted of first-degree murder.
Defense attorney George Yacoubian Jr. didn't immediately return a call seeking comment Monday.
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