LOGAN — The sexual assault case against a 40-year-old Logan man has been put on hold after it has been determined he is incompetent to stand trial. Benjamin M. Galloway has been in the Cache County Jail since being arrested in April, for allegedly groping a health care provider.
Galloway participated in a review hearing in 1st District Court Wednesday morning, appearing from jail by Webex. He was previously charged with forcible sexual abuse, a second-degree felony; and misdemeanors for lewdness and assault of a health care provider.
On March 29, Logan City police officers were reportedly called to a health care facility. The alleged victim claimed Galloway had reached up, touching and squeezing her breasts, as she was providing him medical treatment.
Galloway then told the alleged victim to sit on his lap when she asked him to move and sit down.
Officers spoke to a second employee, who was present at the time of the incident. They provided a corroborating statement about the alleged assault.
According to an arrest report, detectives later questioned Galloway at his Logan apartment. He admitted to touching the victim because he was “sexually frustrated.”
During Wednesday’s hearing, public defender Mike McGinnis said doctors had evaluated and determined Galloway is presently incompetent to defend himself in court. The psychiatrists recommended transferring the suspect to an in-patient facility to try and restore competency.
Cache County Deputy Attorney Dane Murray said he had also reviewed the doctor’s reports and agreed with the recommendation.
Judge Angela Fonnesbeck ruled that based on the reports, Galloway was presently unable to understand the court process and adequately defend himself. She ordered him to be transferred to the Utah State Hospital for treatment.
Galloway didn’t speak during the 10 minute hearing. He was ordered to appear again in court October 4 and could face up to 15 years in prison if convicted.
Individuals arrested and charged in complaints are presumed innocent unless or until proven guilty beyond a reasonable doubt in court.
will@cvradio.com