Second conviction tossed for man accused in relative’s death
LONGVIEW, Wash. (AP) — A state appeals court has overturned, for the second time, a man’s conviction in the 2011 beating death of his brother-in-law at their Longview-area home.
The Daily News reported Thursday that 45-year-old Sergey Fedoruk awaits a new third trial for second-degree murder.
In a ruling published Tuesday, the panel said the lower court should have ordered a competency evaluation for Fedoruk earlier in his 2017 trial in Cowlitz County Superior Court.
Fedoruk’s lawyers argued that the lower court erred when it proceeded with Fedoruk’s trial even after it became clear that he was no longer competent.
Fedoruk was sentenced to 18 years in prison in 2012 for second-degree murder. That conviction was thrown out because of prosecutorial misconduct and his lawyer’s failure to bring up problems with Fedoruk’s mental capacity in a timely way.