WILLIAMSON — The case against John Kirk Jr. was continued Thursday pending a mental competency evaluation.

The 29-year-old Warfield, Ky. native appeared in front of Magistrate Pam Newsome during Magistrate Court facing charges of malicious wounding, two counts of first degree attempted murder, arson, domestic battery, felony destruction of property and daytime burglary.

As previously reported Mingo County Sheriff’s Department deputies B.T. Sipple and D.H. Evans allege that Kirk maliciously hit his uncle, Dingess resident Ottie Murphy with a pot, partially ripping off his ear. Police say the defendant also kicked the victim in the ribs.

While Murphy lay unconscious, the officers allege Kirk left the house, poured gasoline on the structure and set it on fire while the victim lay inside.

A witness listed in the complaint, Nick Branham, told the Daily News Kirk’s grandmother alerted him to the situation. While the complaint states the defendant allegedly stood by watching the home burn, Branham says Kirk had fled immediately after setting the fire.

Branham also said the fire was almost completely out by the time he reached the home. He said that when he found the victim lying on the floor he “didn’t move him at all.”

Police say the 80-year-old grandmother also alleges that Kirk hit her arm causing bruising and she was allegedly in the home when Kirk set the fire.

Kirk remains in Southwestern Regional Jail under a $320,000 bond set by Chief Magistrate Eugene Crum.