The course of treatment to bring an 11-year-old boy charged with shooting his mother to competency for trial is still undetermined after a Sept. 23 hearing.

Assistant Prosecuting Attorney Sean Warner said Holmes County Juvenile Court Judge Thomas D. Lee was presented with several treatment options aimed at preparing Joseph McVay, 11, Big Prairie, to assist in his defense. McVay is charged with delinquency by virtue of committing murder for allegedly shooting and killing his mother, Deborah McVay, Jan. 2.

Warner said recommendations were made by the state as well as McVay’s defense team in the two and a half hour hearing.

“There was discussion and no decisions were made,” Warner said. “The state’s only objection is to a non-secure placement (outside a juvenile facility). We want him somewhere where he can get the treatment recommended by (state’s witness Dr. James) Karpawich.”

McVay is represented by attorneys Andrew Hyde and Thomas White. Hyde said he has an issue with how Warner is proceeding with the case but said he has to move forward with McVay’s defense.

“I disagree with the state’s position,” Hyde said. “Restoring competency implies someone was once competent. This is the adult standard we’re using, it doesn’t apply to an 11-year-old. McVay is not competent because of his age. He has to obtain competency.”

Hyde said he recommended placement outside a juvenile facility. He said it may take years for McVay to achieve competency.

“Now, we’re stuck in the road we’re on,” Hyde said. “They want him competent so they can try him for murder. (It is my position) that this happened under circumstances that aren’t likely to happen again.”

Hyde said he is eager to get to trial and resolve the case.

Hyde has been appointed to McVay’s case. White is working pro bono.

Lee has not yet scheduled a hearing date when he will decide what course of treatment to pursue.