PORT CLINTON — A judge in the Ottawa County Court of Common Pleas has ordered a second forensic psychiatric evaluation for Colton Zane Smith, 21, who faces murder charges in connection with the fatal July shooting inside a Put-in-Bay bar.
According to a judgment entry filed October 30 by Judge Bruce Winters, an initial forensic evaluation conducted by licensed psychologist Dr. Daniel Marston concluded that Smith is competent to stand trial and understands the criminal proceedings against him. Dr. Marston also determined there was insufficient evidence to support a plea of Not Guilty by Reason of Insanity (NGRI), noting Smith understood the wrongfulness of his actions at the time of the offense.
While both the prosecution and defense agreed to seal the initial report, attorneys Howard Whitcomb and Brett Klimkowsky requested a second independent evaluation at state expense to examine both Smith’s competency and mental state at the time of the shooting. Judge Winters granted the motion, ordering the court proceedings to pause pending receipt of the second expert opinion.
Smith is accused of fatally shooting 39-year-old Robert “Rob” Russell, a father of four, inside a Put-in-Bay establishment on July 23 while Russell was celebrating his 40th birthday. Smith remains held on a $1.6 million bond.
