A Common Pleas judge ruled Monday that a man with a criminal homicide charge pending will not have to testify in a related civil case.
Troy Hill Sr. and his wife, Tiffany Hill, of Penn Hills filed a lawsuit against Western Psychiatric Institute and Clinic as well as a supervisor there in 2012 for claims including wrongful death and negligence.
On Aug. 28, 2007, Troy Hill Jr., then 18, attacked his half brothers, 11-year-old twins, with a butcher knife, killing one and seriously injuring the other, according to court documents.
A day earlier, his family had contacted the Western Psychiatric Mobile Crisis Team. Two clinicians arrived at their home, but because Mr. Hill would not participate in the review, court documents say, the clinicians told the family to keep monitoring him and to call them “if lethality issues occur.”
Shortly after Mr. Hill was criminally charged, he was diagnosed with paranoid schizophrenia and deemed to be incompetent to stand trial.
The complaint seeks damages for the death of the Hills’ son Tyron, as well as medical expenses, which have exceeded $300,000, for Tyrel, who survived.
Judge Michael A. Della Vecchia ruled that Mr. Hill will not be called to testify in the civil case.
Mr. Hill’s attorney in the criminal case, Lisa Middleman, asked that he quash the subpoena summoning Mr. Hill to the stand.
In the criminal case, Ms. Middleman said she will argue a mental health defense for Mr. Hill, and that he would assert his Fifth Amendment right against self-incrimination to any questions in the civil case about his mental health.
She said Mr. Hill is depressed and anxious about what happened but has been competent for at least two years and lives on his own.
The judge also asked that attorneys in the civil case not speak to the media during the trial.
Jury selection began after the hearing Monday morning and opening statements will begin this morning before Judge Della Vecchia. The trial is expected to last seven days.
First Published: June 1, 2015, 5:38 p.m.
Updated: June 2, 2015, 3:06 a.m.
