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2 psychologists find suspect incompetent

A Volusia circuit judge is expected to decide Thursday whether an Ormond Beach man will stand trial in the March shooting death of a Canadian spring breaker.

Two psychologists already have concluded that Donald Shoup Jr. is incompetent to be tried for Mark Fyke's death near a Daytona Beach pay phone.

One said Shoup, 19, should be placed in a mental health group home. The other suggested a hospital for mental health treatment, court records show. A psychiatrist is still considering his decision.

Circuit Judge Ed Sanders will conclude Shoup's competency hearing at 10 a.m. Thursday in the jail building courtroom in DeLand.

Shoup is charged with being a principal to first-degree murder and a principal to attempted armed robbery with a firearm.

Assistant Public Defender Larry Henderson maintains Shoup, who is retarded, didn't help shoot Fyke and wasn't at the murder scene.

Prosecutors say details in Shoup's statements to detectives prove he was at the scene and was involved in the crime.

Scott Russell Malone, 16, of Umatilla and William Marshall Schmidt, 15, of Astor were indicted on the same charges as Shoup.

Police have identified John O'Neal Rainey, 17, also of Umatilla, as the trigger man. Rainey was indicted on charges of first-degree murder and attempted robbery with a firearm. Prosecutors are seeking the death penalty in his case.

Just before midnight, police said, eight teenage boys gathered around Fyke at the pay phone near the Thunderbird Beach Motel and demanded money.

When Fyke, of Belleville, Ontario, resisted, he was shot in the back of the neck. His death came moments after he finished talking with his mother.

Two days after the slaying, Shoup confessed to shooting Fyke when questioned by police.

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