A man arrested in late February after trying to kick in the doors of two homes while nude will be mentally evaluated, according to an announcement made in Baxter County Circuit Court Monday.
Forty-two-year-old Nicholas James Foti was arrested in late February 20 after Mountain Home police responded to reports of a nude male attempting to force his way into residences in an area along Fuller Drive and Ivy Lane.
Foti has changed attorney recently. According to court records, he severed his relationship with a local attorney and hired the James Law Firm in Little Rock.
Alex Morphis with the James firm appeared with Foti. He told Circuit Judge John Putman that Foti’s defense would be based on mental disease and defect.
Motions to have Foti psychologically evaluated have been filed.
When a request for evaluations is made, activity in a case stops until a report is received by the court.
It has been taking six months or more to get reports back to the court.
THE INCIDENT
When police arrived on scene, they reported finding Foti unclothed and laying on the ground.
One victim told police Foti attempted to force his way into his residence, but he was able to shut and lock the door. The victim said he armed himself and followed Foti to another residence where he attempted to kick in the door.
The victim said he told Foti to stop what he was doing.
Seeing the firearm, Foti is alleged to have taunted, “ain’t nothing but a cap gun, and I’m going to take it from you.”
The victim told police Foti then charged at him and he fired a warning shot.
After figuring out the victim was armed with a more lethal weapon than a cap gun, Foti quickly gave up, got on the ground and stayed there until police arrived and cuffed him.
He is charged with three counts of criminal intent to commit residential burglary and indecent exposure.
According to court records, Foti was freed after a local bail bond company put up a $20,000 bond.
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