Judge orders defendant in Elyria gun case to be forcibly medicated for competency

ELYRIA — A judge has ordered a defendant in a criminal case before her court to be medicated against his will so he can be made competent to stand trial on felony weapons charges Following a July 21 hearing, Lorain County Common Pleas Judge Melissa Kobasher ordered Tavio Jack, 31, of Cleveland to be transferred to a maximum security mental health facility in Columbus to be treated with antipsychotic medications. A convicted felon with several violent felonies on his record, Jack currently faces charges of having weapons under disability, carrying a concealed weapon and obstruction, all felonies, and misdemeanor obstructing official business after being caught carrying a gun in downtown Elyria in September.Involuntary or "forced" medication is allowed under Ohio law if, following a hearing, a judge finds the defendant lacks the capacity to give or withhold consent to medication, that forced medication is the least-restrictive alternative for treatment and that the defendant's mental illness poses a danger to themselves or others. Jack "needs antipsychotic medications, but he is refusing to accept it or any form of appropriate medication," Kobasher wrote in her order. "Due to his mental illness and lack of insight, Mr. Jack lacks capacity to withhold consent regarding his treatment." Antipsychotic medications are the least-restrictive and most effective method of treatment, the judge ruled. Kobasher granted the request "due to the harm that (Jack) may cause to himself and the staff" at Northcoast Behavioral Healthcare where he was being held at the time of the hearing, she wrote. Jack will be transferred to Central Ohio Behavioral Healthcare in Columbus as soon as a bed is available there, Kobasher ordered. His attorney, Chris Rewak, said he had no comment on Kobasher's decision. Jack, who according to testimony in court has been diagnosed schizophrenic with cannabis use disorder, and the staff at Northcoast treating him there both spoke to Kobasher via Zoom at a July 21 hearing. Also on the Zoom call, Jack's treatment team told Kobasher Jack was "highly resistant" even to talking about taking medications, which are the only thing that will treat his schizophrenia. He refused even to meet with them, they said. Jack is at risk for suicidal thoughts, blackouts, violence and hallucinations if he doesn't take it, his doctors said. They told Kobasher that Jack has violent tendencies, delusional ideas, hallucinations and believes there is a computer chip in his brain. Since being at Northcoast, a facility in Northfield in Summit County, he has attacked multiple fellow patients, broke his hand during one of those assaults and threatened staff members, they said. Clinical and forensic psychiatrist Dr. Cortney Kohberger told Kobasher that Jack made "lurid and explicit" threats to staff, including to "scoop their eyeballs out." She said if he feels disrespected by someone, he believes he has a right to physically attack them. Also appearing by video from Northcoast, Jack said he hadn't hurt any staff members, is an abuse survivor and didn't want the side effects the medication may cause. He said medication made it easier for people to abuse him in the past. "I just want freedom and peace and the real help that I need," Jack said. "I believe in taking accountability for my actions." He also said he wouldn't let anyone "beat me like y'all beat Jesus" or "shoot me down like they shot Martin Luther King." "I have a side to my story. I'm not violent. I never hurt nobody," Jack said in court. Jack is a convicted felon on parole for rape, kidnapping and burglary in Cuyahoga County for burglarizing a woman's house in 2011 and raping her at gunpoint. He served 12 years in prison and was labeled a Tier III sex offender for those crimes before being released on parole in 2023. On Sept. 14, Elyria police officers responded to a report of a suspicious person dressed all in black chasing another man while making bystanders and bar patrons on Broad Street uncomfortable. Jack refused to give officers any information. He had a .38-caliber revolver, a pair of rubber gloves, a black ski mask, a roll of electrical tape, condoms and a wash cloth on him when arrested, according to Elyria police. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.