A Butler judge found a psychiatric evaluation to be “woefully inadequate” in establishing a Chicora man's insanity defense against charges of attempted homicide.

Gary Ellenberger, 57, doesn't remember allegedly shooting Heath Schrecengost unprovoked on Sept. 2, 2018, at Millerstown Inn on Main Street, according to his lawyer, public defender Charles Nedz, who argued that his client was not in a clear state of mind at the time of the shooting.

He requested Monday that Common Pleas Judge Timothy McCune allow him to establish a mental insanity defense and to call a psychiatrist who evaluated Ellenberger.

Assistant District Attorney Ben Simon countered that the evaluation is vague, and he asked McCune to deem the psychiatrist as inadmissible.

McCune said he most likely would decide in favor of prosecutors, but added he would make a final decision later.

Ellenberger is being held in jail on charges of attempted homicide, aggravated assault, simple assault, harassment, recklessly endangering another person and illegal offensive weapons for the alleged shooting.

The evaluation, performed by Pittsburgh-based psychiatrist Bruce Wright, found that Ellenberger “suffered from an unspecified affective disorder, an unspecified psychotic disorder and an unspecified anxiety disorder at the time of the incident,” according to Nedz.

“It's completely vague,” Simon said in response. “Dr. Wright never spoke in absolutes.”

Simon is also requesting his own evaluation to be carried out by a professional of his choosing.

McCune indicated which way he could lean in his decision.

“I'm not inclined to permit this insanity defense,” McCune said. “The insanity defense has got to be pretty clear that there's a defect, and unspecified this and unspecified that is a long way off from reaching that point. I'm leaning toward the notice is insufficient.”

Nedz also argued in his insanity notice that Ellenberger suffered from involuntary intoxication right before the shooting as a result of an “unanticipated adverse reaction to a recent change in his medication.”

He explained to McCune that Ellenberger had been taking medical marijuana and Ativan, an anxiety relief medication, and that the two interacted in unforeseen ways when Ellenberger consumed them.

“So, I do believe we have provided specific details,” Nedz said.

But McCune said, “based on the crimes he's charged with, involuntary intoxication is not applicable.”

Gary Ellenberger