Attorney seeks psychiatric evaluation of Orono man charged with killing Nichole Cable

Posted June 17, 2013, at 5:18 p.m.
Last modified June 17, 2013, at 6:03 p.m.
Kyle Dube
Penobscot County Jail
Kyle Dube
Nichole Cable
Nichole Cable

BANGOR, Maine — The attorney for the Orono man accused of kidnapping and killing a 15-year-old Glenburn and Alton girl has asked that Kyle Dube , 20, undergo a psychological evaluation to determine whether he is competent to stand trial.

Dube is expected to plead not guilty Wednesday at his arraignment at the Penobscot Judicial Center to one count each of kidnapping and murder in the death of Nichole Cable on May 12. He was indicted May 29 by the Penobscot County grand jury and is being held without bail at the Penobscot County Jail.

He is accused of luring Cable out of her mother’s home by using someone else’s identity on Facebook, then killing her in an abduction gone wrong. Dube allegedly planned to kidnap the girl, hide her, then find her and play the hero.

Cable died of “asphyxia due to compression of the neck,” the state medical examiner’s office announced Thursday.

Dr. Margaret Greenwald released her findings about Cable’s death after consulting with the Maine State Police crime lab, which has been reviewing evidence in the case, according to a previously published report.

Cable’s body was found late May 20 in a wooded area of Old Town after Dube’s girlfriend and brother told police where Dube said he had left the girl’s body, according to court documents.

Stephen Smith, the Bangor attorney appointed to represent Dube, said in the one-page motion filed last week that he “believes there is a basis to request a determination of the defendant’s competency at the time of the offense as well as to determine any factors which will assist the defense in mitigation at sentencing.”

Efforts to reach Smith late Monday afternoon were unsuccessful.

Assistant Attorney General Andrew Benson said Monday in an email that he supported Smith’s motion.

Superior Court Justice Ann Murray, who is scheduled to preside at Dube’s arraignment, could rule on Smith’s motion Wednesday. She also could allow Superior Court Justice William Anderson, who is assigned to handle the case through to its conclusion, to rule on the motion at a later date.

If found not competent to stand trial, Dube could be committed to Riverview Psychiatric Center in Augusta until he could be restored to competency to stand trial. If he could not be restored to competency, Dube could enter a plea of not guilty by reason of insanity.

If found guilty of kidnapping and murder, Dube would face between 25 years and life in prison on the murder charge alone. If found not guilty by reason of insanity, he would be committed to Riverview until he is deemed not to be a risk to society.

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