WARREN — A judge will determine whether a 74-year-old man charged in a deadly arson is mentally competent to stand trial after conflicting evaluations from state psychologists.

Carroll Bruton, who faces two counts of aggravated murder and arson in the January 2024 fire that killed two men in Warren Township, was not present during Tuesday’s hearing in Trumbull County Common Pleas Court.

His attorney, Heather Ninni, represented him as prosecutors and defense agreed he is likely “incompetent and unrestorable” within the legal timeframe for trial.

According to Trumbull County Assistant Prosecutor Chuck Morrow, Bruton set fire to a Miller Street residence on Jan. 7, 2024, after retrieving a lighter and using charcoal lighter fluid to ignite bedding in the basement.

The blaze killed Roscoe Toles, 82, and Etiane Whitaker, 51, and destroyed the home. Autopsies confirmed both died from fire-related injuries. Morrow said Bruton admitted to starting the fire because of a delusion involving an imaginary young woman, describing himself as her “protector.”

Psychologists diagnosed him with schizophrenia and noted sporadic compliance with medication at Heartland Behavioral Healthcare in Massillon, where he has been held. “The experts agree he remains a danger to himself and society,” Morrow said, urging the court to maintain jurisdiction under Ohio’s laws for unrestorable defendants.

Ninni did not contest the findings, but said Bruton is in deteriorating physical health. Judge Ronald J. Rice acknowledged gaps in mental health care, but said the court would review required periodic reports if Bruton remains institutionalized.

“It’s unfortunate the state of mental health care in our country where people on the streets fall through the cracks,” Rice said.

Relatives of the victims submitted impact statements, with prosecutors noting Bruton’s family had repeatedly sought treatment for him before the tragedy. A ruling on competency is expected soon. Bruton faces life in prison if convicted.