AUBURN - A 51-year-old Auburn man accused of shooting his way into a house party will have to receive a mental evaluation before a Cayuga County Court Judge will allow him to dismiss his lawyer and represent himself.

On Thursday Judge Thomas Leone told John Small Jr. III, of 13 Wallace Ave., that he will allow Small to dismiss Douglas Bates only if the examine determines he is mentally capable of representing himself.

Bates would be the third attorney Small has dismissed since he was arrested on Oct. 8. Small said he has been unhappy with the way his attorneys have advised him to proceed with his case.

Leone's decision to order a mental evaluation came minutes after he denied Small's request to hire an expert to determine if his medication caused him to become mentally unstable and shoot through the door of his neighbor's home before breaking in an pistol whipping a person during a party.

Cayuga County District Attorney Jon Budelmann objected to the request on the grounds that almost six months have gone by since the incident occurred and that any expert testimony will be speculation, especially since Small has not used his medication since his arrest.

According to common procedure, a defendant is suppose to make a mental defect defense request within 30 days of being arrested in order to prevent a large amount of time from elapsing before the defendant can be examined by professionals, Budelmann said.

Small, who is charged with four counts of first-degree burglary, two counts of first-degree criminal use of a firearm, two counts of second-degree criminal possession of a firearm, two second-degree counts of assault and two counts of first-degree reckless endangerment, all felonies, will return to court on May 21.