A judge will allow a southern Indiana man to use an insanity defense when he goes on trial for shooting a state trooper in the head during a traffic stop.
Clark Circuit Judge Andrew Adams granted the request for Oscar Kays on Monday after a mental health provider indicated the Jeffersonville man is showing early signs of dementia and should be further evaluated.
Kays, who was 79 at the time of his Dec. 12 arrest, faces attempted murder and other charges for shooting Trooper Morgenn Evans. Police have said Kays pulled out a gun and fired as Evans tried to handcuff him for possible drunken driving. A bullet skimmed Evans' head.
Kays' trial is set for Sept. 11. He's being held on a $1 million cash bond.