Man re-arrested after murder case dismissed for mental incompetence

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By Christina O'Haver By Christina O'Haver

PHOENIX -- Almost a month after his first-degree murder charge was dismissed due to mental incompetence, Nicholas Philip Oakes was again arrested Tuesday in connection with the death of his neighbor, according to court documents.

The 41-year-old Phoenix man has been booked on one count of first-degree murder and two counts of aggravated harassment.

Court documents indicate Oakes was re-arrested at Desert Vista Behavioral Health in Mesa.

Oakes was first taken into police custody in September after a several-hour standoff at his Phoenix home. According to police, he barricaded himself inside the home after shooting his neighbor, Terry Maynard, to death over an ongoing dispute.

Court records show his case was dismissed Jan. 9.

Shortly before noon Sept. 6, Maynard arrived at his home near 52nd Street and Thomas Road on his motorcycle, according to court documents. While Maynard was apparently checking his mail, Oakes allegedly came out of his neighboring home armed with two handguns and began firing at the man.

Police say Maynard fell face-down on the ground of his carport and Oakes continued firing at him until the gun was empty.

Oakes then allegedly pulled a second gun out from under his shirt and shot Maynard, still lying face-down, in the head repeatedly.

Court records say Maynard was shot 15 times.

The shooting was reportedly captured on a video surveillance system owned by Oakes.

Oakes reportedly told police he acted in self-defense after Maynard threatened to kill him. He said the two began arguing after he confronted Maynard about intentionally harassing him by revving his motorcycle engine.

About 10:30 a.m. Aug. 30, Oakes called police to say Maynard was harassing him by working on his motorcycle, according to court documents. Maynard was contacted by police, who say he was not concerned about Oakes.

Court records say Oakes repeatedly violated injunctions against harassment served on him by Maynard and his live-in girlfriend.

Oakes was served with an injunction against harassment by Maynard's girlfriend July 11, 2012 and Maynard himself just over a year later.

Maynard was also served with an injunction against harassment by Oakes on June 3, 2013.

Court records say Oakes violated the injunctions by going onto the couple's property, leaving them notes, making false reports about them to police, asking the homeowners' association to intervene, and requesting several individuals contact the couple on his behalf.

He is scheduled to appear in court Feb. 11.

According to court documents, Oakes has served in the United States Army.