Former U-M student charged with murder in fatal crash will face another mental competency hearing
The preliminary hearing for a former University of Michigan student charged with murder in a fatal car crash was delayed while he undergoes another competency evaluation, officials said.
Michael Kelly, 21, remains at the Forensic Center for Psychiatry in York Township and will continue to receive treatment there while an independent psychological review is completed, his attorney Andrew Abood said.
Doctors at the center initially found him not competent to stand trial, but his condition improved after treatment there.
Prosecutors requested the additional review, records show.
Abood said Kelly is schizophrenic and was in the midst of psychotic episode when his vehicle crossed into oncoming traffic on US-23 and struck two vehicles on March 12. Brandon Rapp, one of the other drivers, died at the scene. The Clay Township man was 25.
Authorities charged Kelly with second-degree murder and manslaughter.
Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
Michigan123
Tue, Jan 4, 2011 : 12:40 a.m.
For all of you who comment without knowing all(hardly any, actually) of the details, maybe this will help: have you considered the possibility that he didn't know that he had schizophrenia prior to the accident? No, he wasn't "voluntarily off his meds" and driving while knowingly posing a danger to other drivers. Also, whether he should have had a driver's license to begin with has nothing to do with his recent diagnosis. I have yet to understand why people comment on news articles such as this with comments so clearly based on little or no knowledge of the relevant facts.
Isanopinion
Tue, Dec 28, 2010 : 10:04 a.m.
I can't locate in the story where it says that Mike was off his meds. Can someone direct me to that line or is this an assumption??
janejane
Mon, Dec 27, 2010 : 4:56 p.m.
Sad, sad, sad. Off his meds?!! No license should have been issued. I can't think of many scarier senarios than a psychotic driver barreling at me. How awful this tragedy was...and is for the victim's family.
Cash
Mon, Dec 27, 2010 : 10:15 a.m.
Americans don't know what to do with the mentally ill. So the prisons are full of them. America's Dirty Little Secret. Google "Mentally ill in prison statistics". I don't know the answer. But it's not prison.
Sallyxyz
Mon, Dec 27, 2010 : 9:04 a.m.
@Matt Cooper: Michael Kelly is charged with murder. The headline of the story reads: "Former U-M student charged with murder in fatal crash will face another mental competency hearing" (the prior article states it is second-degree murder). Epilepsy was probably not a good analogy in my earlier post, as some individuals with this disorder cannot obtain driver's licenses, at least in Michigan (a couple of people I have worked with in the past who had this disorder were not allowed to get licenses in MI). I don't know the specific requirements in MI for obtaining a license with other disorders and conditions such as schizophrenia. Some states require a physician's statement for certain disorders such as epilepsy, traumatic brain injury, etc. I don't know the specifics.
Ricebrnr
Mon, Dec 27, 2010 : 7 a.m.
Maybe there should be competency laws before people are allowed to have licenses or own these... 1*
Mick52
Mon, Dec 27, 2010 : 12:27 a.m.
Very odd that the charges of operating under the influence of whatever he was under was dropped. I wonder if that decision is being appealed. Typically to be charged with murder related to a collision, intoxication by either alco or drugs is a key element. Absent intoxication, I presume perhaps this is believed intentional. It would be good to know which judge dismissed the charges and why. That should be in this story. Another thing we should be wondering is if he has a valid license or has never been able to get one based on his affliction. That would tell us a lot. If he has a license, then we wonder: How many times he has had accidents due to his psychosis? If he has this condition, why is he driving? In order to be able to use this as a defense Mr. Kelly better be able to offer solid proof he has these attacks quite frequently and that this is not the first one. "Overcharging is a common tactic of ambitious prosecutors." Nope. In charging intoxication, a blood or breath analysis is taken and used as evidence. Without the unlawful level, these types of charges are not authorized. Thus my curiosity of why those charges were dropped. Never heard you could be charged for NOT taking a medication. Anyone have an MCL section on that?
Matt Cooper
Mon, Dec 27, 2010 : 12:23 a.m.
Sorry sally, but you are wrong. Murder is what is called a specific intent crime, meaning you would have to show that the defendant intended to specifically to kill someone. In your anaology of an epileptic that has a seizure behind the wheel, that would be impossibly hard to prove.
nickcarraweigh
Mon, Dec 27, 2010 : 12:20 a.m.
He's a former UM student. If he's too crazy for that campus, he is too crazy to be responsible for his actions.
Sallyxyz
Sun, Dec 26, 2010 : 11:35 p.m.
If he was off his meds and had a serious disorder such as schizophrenia, then he is at fault, and should be charged with murder. No different than an epileptic off his/her meds and getting behind the wheel of a car and causing a fatal crash due to a seizure. Anyone who knowingly gets behind the wheel of a car, and is either impaired due to alcohol, illicit drugs, or who has a medical condition that requires medication to properly operate a motor vehicle and does not take that medication, is breaking the law, and if they cause a fatal crash, they are responsible and need to be charged with murder.
Basic Bob
Sun, Dec 26, 2010 : 10:37 p.m.
It's only a murder charge because he had metabolites of marijuana in his blood test. That's already been thrown out because it was from smoking weeks earlier. But they kept the murder charge. Bizarre.
Davidian
Sun, Dec 26, 2010 : 9:18 p.m.
In the middle of a psychotic episode? All the more reason to lock him up....
BenWoodruff
Sun, Dec 26, 2010 : 9:15 p.m.
Overcharging?!!! If it's found that he was off his meds voluntarily, then the charge is appropriate...
Deborah
Sun, Dec 26, 2010 : 9:06 p.m.
over charging is a common tactic of ambitious prosecutors
FCBarcelona1899
Sun, Dec 26, 2010 : 8:54 p.m.
That's sad.