The lawyer representing David Gengler of Lakeview, who faces a number of charges stemming from the alleged beating, rape, torture and robbery of a female victim who was reported to have been bound with tape and held against her will for a number of days last year, has filed a petition in Baxter County Circuit Court asking that his client undergo an examination to determine if he is mentally fit to proceed.
The petition for the examination was filed Tuesday by Deputy Public Defender Mark Cooper.
The 54-year-old Gengler was initially charged with kidnapping and five counts of first-degree battery on June 1 last year. In late June, the more serious charges of rape and aggravated robbery were filed. The latter charges were based on information developed during the investigation that the victim had suffered what was described as severe sexual trauma while being held against her will. It was also determined that money was missing from several locations in the residence. Gengler was reported to have had a large sum of money in his wallet when he was booked into the county jail.
Gengler's problems with the law began when deputies responded to a residence along Greenwood Avenue in Lakeview on May 24th last year and found a badly beaten female victim. Gengler and the 57-year-old victim shared the residence, according to investigative records.
The victim was lying on the floor by the front door of the residence.
Baxter County Sheriff John Montgomery said at the time that the victim had marks on her wrists and appeared to have been bound for days. She also had numerous other injuries, including what were thought to be cigarette burns.
Investigators also reported finding blood splattered on the walls of the residence and a large amount of tape with hair stuck to it on the bathroom floor. A knife and bloody cigarette butt were also found and taken into evidence.
The victim was able to make a 911 call requesting assistance. According to a Sheriff's Office incident report, the victim asked for an ambulance but was hesitant to say why one was needed. She eventually told the 911 dispatcher, "He will kill me". Gengler who was at the residence told investigators that the victim was bipolar and that "she falls all the time". He had denied inflicting the injuries, holding the woman against her will or having forced sexual relations with her.
Deputies had been to the home in answer to a domestic disturbance call on May 19th. The victim had told deputies on that occasion that she and Gengler had been in a heated argument over his "drinking habits". She said that Gengler had shoved her during the argument. Gengler said the argument was about the victim's gambling and he denied having any physicial contact with her during the confrontation.
The court has sealed the probable cause affidavit containing specific details that led to the rape and aggravated robbery charges. The affidavit in the original case involving the battery and kidnapping charges is not sealed.
During an interview with the victim at a Springfield hospital following the May 24th incident, she told investigators that she had been bound for two or three days. She said Gengler taped her in an upright position and punched, beat and kicked her. The victim said Gengler also chocked her and burned her with cigarettes. Officers noticed during the interview that part of the victim's right ear was missing, something she had not realized until it was brought to her attention during the hospital interview.
According to the victim, her relationship with Gengler started when he moved into her residence in October 2015 to work as a handyman.
Prior to the filing of the petition asking for a fitness to proceed examination, Gengler's case was set for trial during the week of January 30th. The granting of the petition for the examination will bring activity in the cases to a halt pending the results of the examination.
Gengler has been an inmate in the county jail since being booked on May 24th last year. His bond is set at $250,000.
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