Magistrate Judge Randy McEwen granted a defense request Wednesday for a mental evaluation to be completed on a 25-year-old man accused of severely beating his own mother.

The attorney for Joseph Lewis Jr., Kelly Driscoll argued to the court that she is having trouble getting Lewis to make any decisions on which way this case should go. She says he is so distraught, that he only cries when they try to discuss the case.

She also told the court that she has learned that the state will be seeking an upward departure in this case which means he could be looking at a double sentence if convicted on the charge of aggravated battery. Driscoll believes that because of that, her client needs to understand what is happening and able to help with his own defense.

The alleged crime occurred back on January 29, and since then, there have been a number of continuances, so although reluctant to continue the matter again, the judge agreed with the defense that a mental evaluation should be completed by Horizon’s Mental Health Center.

That means this case is on hold pending the outcome of that evaluation.