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SHELBY COUNTY, Tenn. — Expect another several months before we know whether a man accused of trying to kidnap a child from her elementary school is competent to stand trial.

Until then, Tavius Woods continues to walk free.

On Wednesday, Judge Jennifer Mitchell said she wants another mental health evaluation done on Woods.

Woods is accused of trying to kidnap a young child from Germanshire Elementary two times in April 2018.

His case first went to general sessions court where he was ruled incompetent to stand trial.

Then he was indicted, arrested again, released on his own recognizance, and now waiting for the judge to determine his fate.

In November, the state and Woods’ attorney, Blake Ballin, pleaded their case before Judge Mitchell.

The state says Woods is a danger to children. They brought up his past including an arrest in 2014 for trying to sexually assault a child, who is actually the sister of the girl he’s accused of trying to kidnap at Germanshire.

Woods was ruled incompetent on that case as well and landed a job at Shelby County Schools despite the state warning the district about his record.

His case was later expunged.

Ballin, however, argued his client has a mental disorder.

“Based on the incident, we know he’s innocent. Mr. Woods is disabled to the point he cannot formulate a plan to do what he’s accused of what he’s doing,” he told us back in November.

Judge Mitchell told both parties another evaluation is needed, because she felt the state’s doctor didn’t have Woods’ entire history.

It took months to get a mental evaluation done, and even longer to set a hearing.

The judge didn’t say how long another evaluation will take. Just that Woods needs to report back on January 30, 2020.

Woods responded, “Merry Christmas to you.”

WREG will let you know what happens.