DECATUR, Ala. (WHNT) — The attorney for a man charged with fatally running over a woman at the Decatur Walmart parking lot has asked for a transfer to receive a mental evaluation.

Preston Lamar Nelson, 33, of Huntsville was arrested in August and charged in connection with the death of Sherry Sain, who died after she was hit by a car at the Walmart Neighborhood Market in Decatur.

Nelson’s attorney, Patrick Caver, filed the request with the Morgan County District Court Tuesday to have Nelson transferred to Taylor Hardin Secured Medical Facility for a mental health evaluation.

The filing says the request comes after a state therapist said they were unable to give an opinion on if Nelson is fit to stand trial and recommended Nelson be transferred to an inpatient psychiatric facility to allow for a proper evaluation.

Caver also said in his filing that Nelson has been held in the Morgan County Jail since August and has a history of mental health issues. The filing further said that Nelson has not received proper care for illness while in jail.

The judge in the case has yet to respond to the filing, but court records show the case is scheduled for a preliminary hearing on January 24.