WILMINGTON — A judge dismissed a case after the suspect was found not competent to stand trial.

Clinton County Common Pleas Judge John “Tim” Rudduck dismissed an aggravated menacing-ethnic intimidation charge against Hughie Harrison, 81, of Germantown, on Tuesday.

A mental evaluation was ordered for Harrison in May.

“Even if given some time, he would not be considered cognizant in the time period provided by law,” said Rudduck.

The judge was advised by both the defense and prosecution that Harrison was to take part in guardianship.

Harrison was originally charged in December after reportedly pulling a gun on a Black man.

In December, when Sgt. Neil Rager of the Wilmington Police Department arrived to speak with Harrison, Harrison reportedly said, “There’s a Black man over there in a car had his music turned up louder than hell.”

According to the affidavit, Harrison told Rager he was in a store and when he came out he asked the victim to “turn down your (expletive) music.” Harrison then claimed the alleged victim told him “(expletive) you. I’ll kill you.”

Harrison told Rager he waved his handgun in the air saying, “I don’t have to put up with a Black man running his (expletive) mouth.”

The officer asked the see the pistol which was in Harrison’s coat pocket. The officer removed the Glock 40-caliber pistol, discovering it had a loaded magazine and a bullet in the chamber.

The officer reported Harrison kept saying similar things about the victim and toward a Black Wilmington police officer when they arrived on the scene.

Rudduck also dismissed the costs and ordered any property seized as evidence to be returned.