EBENSBURG - A dementia patient suspected of causing the death of another dementia patient at Cambria Care Center will be examined by a forensic psychiatrist to determine his mental competence to stand trial and his criminal responsibility.

The mental evaluation of 78-year-old Robert Dunmyer Jr. has been approved by Judge Timothy Creany.

At issue is whether Dunmyer will stand trial on aggravated assault charges already filed against him in the Feb. 12 incident, or possibly on a still-to-be-filed criminal homicide charge.

The exam will be done by Dr. Barbara Beadles of Western Psychiatric Institute.

Dunmyer is accused of injuring 70-year-old Theodore "Ted" Shaw in Shaw's room at the nursing home where both men were residents.

State police, in the aggravated assault charges, alleged that Dunmyer swung a heavy wooden door at Shaw as the victim was prone on the floor. Police said that Shaw was hit several times.

District Attorney Kelly Callihan and Chief Public Defender Lisa Lazzari, who is representing Dunmyer at his family's request, made the unusual joint motion seeking the exam.

Callihan said Monday, "The facts of this case are a bit unusual, and we (defense and prosecution) both have a common interest in the outcome of the exam so it made sense to do it jointly."

The aggravated assault charges remain pending, with no decision yet on whether they will be upgraded to criminal homicide, Callihan said.

Lazzari said she anticipates that the exam will confirm the defense's contention that Dunmyer does not have the mental capacity to stand trial.

It was revealed for the first time in the joint motion that Dunmyer was determined - apparently in a civil proceeding - to be "totally incapacitated (mentally)" with Alzheimer's disease and is unable to communicate or participate in any meaningful way. A guardian has been appointed by the court to handle his affairs. He continues to be under care at a secure facility, reportedly Memorial Medical Center.

Investigators have said that they are unsure what provoked the attack.

Shaw's family has said that he was wheelchair bound, while the defense said that Dunmyer was able to get around only with the use of a walker.

A Cambria Care spokesman has said Dunmyer has not previously displayed aggressive behavior.