Photo: MrJacon000 / Wikimedia Commons (CC BY-SA 4.0)

TOLEDO — Al Alim Zaki-El, 58, the man accused of fatally shooting Andrew Shively outside St. Paul’s Community Center on Dec. 26, 2025 — Toledo’s last homicide of 2025 — has been found incompetent to stand trial, a Lucas County Common Pleas Court judge ruled this week, according to The Blade.

The ruling stalls the case. A finding of incompetency means the court determined Zaki-El is unable to understand the nature and objective of the proceedings against him or to assist in his own defense.

Shively, 36, was shot in broad daylight outside the community center, which serves people experiencing homelessness. A witness, Brian Davenport, was sitting in his van nearby when the shooting happened. “The next thing I know, right, I was looking through my mirror, this guy drew a gun and started shooting at him,” Davenport told 13 Action News. Toledo police said at the time that they believed an argument led to the gunfire.

Shively was remembered by friends as a kind man — and a father, a fact his loved ones only learned at his funeral. “When I found out he was a father at the funeral right, that really broke me because I’m a father,” Davenport said. Family and friends gathered at a memorial for Shively in January.

Just over a month after the shooting, Toledo police, working with U.S. Marshals based in Michigan and Ohio, arrested Zaki-El on Jan. 26, 2026, at a hotel in Warren, Michigan. Marshals had tracked him through Columbus, Charlotte, and Detroit. Police said in court documents they identified him using witness statements, surveillance video, and cellular data. He faces charges of murder and felonious assault.

Shively’s family said the arrest brought them one step closer to justice. “I will say that everyone involved in the investigation did a great job and I am glad that our family is one step closer to seeing justice,” his sister, Tricia Carson, wrote in a statement to 13 Action News. His mother, Christine Agapitos, said she holds no hatred but hopes Zaki-El “never has a chance to hurt someone again.”

Judge Ian English on Tuesday ordered Zaki-El transferred to Northwest Ohio Behavioral Healthcare’s Toledo campus for treatment, The Blade reported. Two doctors’ reports advised a “substantial probability” that he could be restored to competency within a year if provided a course of mental-health treatment, and the reports found him incapable of assisting with his own defense. The judge continued his bond at $1.25 million and directed the hospital to advise the court if his condition deteriorates.

For context on the city’s homicide trend, see ToledoBuzz’s Nov. 2 report, Toledo Homicides Plunge 27%.