PIKEVILLE, Ky. — Unless additional evidence is presented to the contrary, it now appears former Prestonsburg Mayor Jerry Fannin will be prosecuted in the federal theft case against him.

U.S. District Judge Karen Caldwell issued a ruling this afternoon overruling Fannin’s objections to a magistrate judge’s recommendation that he is fit for trial. That means Fannin has been ruled competent to stand trial.

The former mayor is accused of diverting city money and property for the benefit of the former East Kentucky Drillers football franchise, while he was in office. Fannin also played in some games for the Drillers.

His attorneys argued that Fannin is unable to assist in his defense, due to the effects of two strokes he suffered in 2016. However, a government psychologist testified that Fannin appeared to be exaggerating his symptoms.

Fannin’s attorneys argued that the psychologist is not qualified to assess Fannin’s condition and that a neurologist should have been consulted. Judge Caldwell disagreed, saying federal law specifically states that the court is to rely upon an examination by a psychiatrist or psychologist in making its determination. However, she left the door open for Fannin’s attorney to present evidence from a neurologist, in the event they wish to continue challenging his fitness for trial.

A telephone conference will be held next week to set a trial date.