Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
By RICHARD JENKINS
Bessemer — A psychiatric examination of an Ironwood man accused of setting fire to his house has found him competent, however it remains uncertain whether he will be found criminally responsible enough to stand trial.
Kevin Schuelke, 43, is charged with one count of second-degree arson, a 20-year felony; a domestic violence-third offense charge, a five-year felony; and two counts of resisting and obstructing a police officer, with each count a two-year felony. He is accused of starting a fire in the Ash Street house listed as his residence following an Aug. 16 afternoon domestic dispute.
In October, Schuelke’s attorney, James McKenzie, filed a motion requesting his client be evaluated to determine whether he is able to stand trial on the charges.
At that time, McKenzie told the Daily Globe Michigan law provides two prongs for an insanity defense — although he said he prefers Wisconsin’s terminology of “not guilty by reason of mental disease or defect,” rather Michigan’s use of the term “insanity.”
One is an examination to determine whether the defendant is competent enough to stand trial and assist with his own defense.
The second determines responsibility and says, “That although (a defendant) is competent and can stand trial ... at the time of the crime — or at the time of occurrence — there is a reason to suspect he is not responsible (for his actions) by virtue of his mental disease or defect,” McKenzie said.
Gogebic County Prosecutor Nick Jacobs said while the report, performed by the state’s forensic psychiatric unit, found Schuelke competent, there hasn’t been a determination on criminal responsibility.
“We just received the forensic report today, just on the issue of competency to stand trial, and they found him to be competent,” Jacobs said Thursday. He explained the same person determines both issues, based on the same examination, there is simply different criteria for each prong of the defense.
While McKenzie can request an independent examination of either prong if he disagrees with the initial report, Jacobs said the defense chose not to pursue that option regarding the question of competency.
Once an insanity claim is made, the trial process stops until the exam is completed. It generally takes roughly a month to complete the exam, McKenzie said in October, with the unit’s report completed a couple weeks later.
Jacobs said Thursday that the report in this case has “taken an unusually long period of time” to be completed.
While the process can’t continue until the question of criminal responsibility has been resolved, the next hearing is tentatively scheduled to take place in March.
