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<p>WILKES-BARRE &#8212; A Luzerne County judge will decide if Scott Sargent &#8212; accused of opening fire on police outside the Wilkes-Barre Township Walmart nearly two years ago &#8212; should soon go on trial or undergo psychiatric treatment, delaying the case for months.</p><p>During a nearly three-hour competency hearing Thursday, attorneys and their expert witnesses painted opposing portraits of Sargent. He&#8217;s accused of firing rounds from a scope-equipped, semi-automatic rifle the afternoon of Oct. 17, 2015, striking vehicles and the doors of the store&#8217;s auto center before he was shot in the abdomen and disarmed.</p><p>&#8220;He&#8217;s delusional,&#8221; said Dr. Richard Fischbein, a Kingston psychiatrist.</p><p>During questioning by defense attorney Ana Mojtahedi, Fischbein said he formed his opinion of Sargent after reviewing numerous records and twice interviewing him at the Luzerne County Correctional Facility in June and earlier this month.</p><p>Fischbein said his review showed Sargent, 32, has an IQ around 75 and the mental capacity of a 12-year-old. Sargent was sexually and physically abused as a child, failed ninth grade twice and dropped out of school, Fischbein said. Furthermore, the Shenandoah man has been in and out of prison, and psychiatric illness runs in his family. Sargent has suffered numerous concussions and his substance abuse aggravated his paranoia that he was being followed the day of the shooting, Fischbein said.</p><p>&#8220;He&#8217;s still believing that he&#8217;s fully justified in what he did because people were after him,&#8221; noted Fischbein.</p><p>Sargent distrusts his attorney Joseph Yeager because he believes he&#8217;s part of a conspiracy for wanting to discuss a plea bargain, Fischbein added.</p><p>If he was ordered to receive psychiatric treatment, his competency would be restored, Fischbein said, adding if Sargent is prescribed medication it would have to be forced on him.</p><p>Testifying for the prosecution, Dr. John Sebastian O&#8217;Brien II also said he interviewed Sargent at the prison in June and looked at the same records that Fischbein did, but came up with a different assessment. O&#8217;Brien said he evaluates the competency of defendants to stand trial in Philadelphia and works for the defense and prosecution in his private practice.</p><p>None of the records he reviewed made reference to psychiatric symptoms, O&#8217;Brien said.</p><p>He responded,&#8221;Yes,&#8221; when asked by assistant district attorney Jarrett Ferentino if Sargent&#8217;s heavy drug use prior to and at the time of the shooting could cause his delusions.</p><p>In his dealings with defendants, it&#8217;s common for them to be dissatisfied with their attorneys who bring up plea bargains, O&#8217;Brien said. &#8220;I see it all the time,&#8221; he said.</p><p>It&#8217;s O&#8217;Brien&#8217;s opinion that Sargent is able to participate in his defense. He disagreed with Fischbein on the need for psychiatric treatment and medication. &#8220;I don&#8217;t know that I would even recommend it,&#8221; O&#8217;Brien said.</p><p>Ferentino argued Sargent&#8217;s competency is not an issue and urged Judge David Lupas to schedule the case for trial.</p><p>&#8220;He&#8217;s out of options. He can&#8217;t say, &#8216;It wasn&#8217;t me,&#8217;&#8221; Ferentino said</p><p>Lupas said he would take the matter under advisement and rule on it in &#8220;the very near future.&#8221;</p><p>Sargent is being held at the county prison on multiple counts of attempted murder of a law enforcement officer, assault of a law enforcement officer, aggravated assault, reckless endangerment and one count each of illegal possession of a firearm and harassment.</p><style>
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<div class="neCaption">Sargent </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2017/09/web1_sargent-color.jpg</photo0><caption0>Sargent </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Jerry Lynott</p><p>jlynott@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Jerry Lynott at 570-991-6120 or on Twitter @TLJerryLynott.</p></shirttailMeta></div>

Experts disagree on competency of accused Walmart shooter