James Ryan's Competency Report to Come Next Week

, who allegedly fatally hit 19-year-old Matthew Scarpati with his motorcycle on July 20, 2009 in Wantagh, and his attorney will receive a written report on Ryan's competency to stand trial from Judge Jerald S. Carter next Friday. That day is the next court appearance in this proceeding and Ryan does not have to attend, Carter said Friday in Nassau County Court in Mineola.

"Competency is an ongoing matter," Carter said.

After a quick statement from Carter in the courtroom, Edward Galison, Ryan's attorney, said that he will be contesting Ryan's competency because Galison deems his client to be "totally incompetent." Galison explained that Ryan can't really communicate with his lawyer and has both short-term and long-term memory loss as a result of the crash that killed Scarpati. Ryan doesn't remember the accident other than because of things other people have told him about it, according to Galison.

A spokesman for the District Attorney's office said, "We are not going to comment on the case at this time."

Ryan, 45, is said to have been riding his motorcycle while intoxicated on the Wantagh State Parkway when he hit Scarpati of Dix Hills, a press release from the District Attorney's office in December said. At the time of the accident, Scarpati was changing his bicycle tire on the side of the parkway just north of the Goose Neck Bridge, according to authorities.

The charges against Ryan include: second degree manslaughter, second degree vehicular manslaughter, second degree reckless endangerment, reckless driving and two courts of driving while intoxicated, according to the release. He could face up to 15 years in prison if he is convicted of these charges, the release noted.

The summer 2009 fatal accident prompted calls by local elected officials including State Sen. Charles J. Fushillo Jr., R-Merrick, and Assemblyman David McDonough, R-North Merrick to have the Department of Transportation install a guardrail along the Wantagh Parkway bike path near where the tragic incident occurred. A for the Wantagh Parkway guard rail project that was attended by members of the Scarpati family took place on June 6, 2010.