Man accused of beating and choking beagle and forcibly stealing a cell phone ordered to get full psych exam

A man accused of forcibly stealing a cell phone and beating and strangling a woman's beagle will get a thorough mental health exam to determine his fitness for court proceedings, Judge Charles Zambito ordered today in Genesee County Court.

Shawn Michael Twardowski is charged with one count of third-degree robbery, a Class D felony, for allegedly taking a cell phone from a woman on Jan. 26 on Bank Street in the City of Batavia; and one count of cruelty to animals, a Class A misdemeanor.

A possible plea deal was withdrawn, for now at least.

His attorney, Michael Locicero, told Judge Zambito that his client "displayed competency issues in his last court appearance" in August. Today, Locicero reiterated his concerns, saying a recent "mental forensic evaluation" does not address Twardowski's "competency per se" and he again expressed reservations about his client's "fitness to proceed," and comprehend a plea bargain.

Locicero said his client told him that at some point he was diagnosed with schizophrenia, but nothing in his file confirms that diagnosis. He described his client as "non-responsive" in face-to-face dealings with him. Indeed throughout his brief appearance in County Court this morning, the tall, lanky Twardowski, handcuffed and wearing inmate orange, sat or stood slope-shouldered, staring vacantly at the table. 

The defense attorney once more asked for a "730 Exam" -- a comprehensive mental health evaluation of his client.

Last month, Assistant District Attorney Robert Zickl objected to that request and noted that no comprehension issue was raised when the defendant sought a judicial diversion. Zambito, who subsequently called for more information and specifics to be gathered in the intervening weeks, seemed reluctant to grant the 730 Exam request.

"I've reviewed the records," Zambito said. "There's nothing to indicate he's incompetent, but I have not dealt with him personally."

Zickl again objected to the request, adding that the plea offer would be withdrawn and if he is found competent, the case would go to trial.

"If he's (found) not competent to stand trial, he's not competent to consider a plea offer," Zambito said, making Zickl's point moot.

Zambito ordered a 730 Exam for Twardowski.

The case is on the docket again at 10 a.m. Friday, Oct. 13.