A 22-year-old man who is accused of recently breaking into a Neon grocery store has been charged with assaulting a Letcher County deputy jailer.
Five days after Andrew Allen Michael Toothman, of Neon, was found naked inside the Neon Food World IGA covered in peanut butter and chocolate, he was charged with third-degree assault after he allegedly smacked a deputy jailer in the face.
Deputy Joseph Pease went into a cell of the Letcher County Jail where Toothman had broken out a light in a room on Feb. 5, according to court documents.
“ When questioning him and checking Toothman’s arms and feet, Toothman then smacked me across the left side of my face,” Pease wrote in the citation.
Toothman pleaded not guilty to charges of third-degree burglary, first-degree criminal mischief and first- degree indecent exposure (first offense) during arraignment in Letcher District Court on Feb. 2.
That same day Letcher District Judge Kevin R. Mullins signed an agreed order for a mental examination to determine whether Toothman is competent to stand trial. Letcher Commonwealth’s Attorney Edison Banks II and public defender Bill Melton also signed the order.
The order says Toothman is to be taken by the Letcher County Sher- iff ’s Department to the Kentucky Correctional Psychiatric Center in LaGrange for an examination to determine whether Toothman is mentally ill, mentally retarded, insane or whether he suffers from any organic damage likely to result in abnormal behavior. The evaluation will also determine whether Toothman was suffering from an external emotional disturbance at the time of the alleged offense and whether he is in need of treatment.
According to court documents, Toothman entered the Neon Food World IGA by breaking glass in the front door on Jan. 31. He then smeared himself with peanut butter and chocolate taken from inside the store. Toothman was “completely nude (and) wearing only a pair of black boots” while inside the grocery store, according to a citation written by Kentucky State Police Trooper D.B. White.
Court documents say that Toothman took bottles of Nyquil from a shelf and used them to spell out the word “sorry.” Toothman is also accused of discharging three fire extinguishers inside the store.
White declined to comment on whether drugs or alcohol might have contributed to Toothman’s behavior, saying the case is still open and under investigation.
Toothman is scheduled to return to court at 1 p.m. on Thursday for a preliminary hearing.