August 28, 2013 at 5:07 p.m.
Competency examination ordered for man accused of shooting his uncle
Competency examination ordered for man accused of shooting his uncle
Marcus Alsteens, 23, made an appearance in Oneida County Circuit Court Wednesday morning for what had been scheduled as a preliminary hearing. Alsteens' attorney, Mary Hogan, said she didn't feel comfortable moving on to the preliminary hearing stage until a competency evaluation is completed. In her motion requesting the evaluation, Hogan writes that Alsteens does not appear to have an understanding of the nature or severity of the charges against him.
The motion states that in Hogan's meetings with Alsteens he has often gone off on unrelated tangents when asked questions about the case and possible defenses. Hogan also noted that she has learned there are mental illness and cognitive impairment issues in Alsteens' personal history.
"I believe many factors may be contributing to his inability to appropriately receive counsel and make legal decisions in this matter," Hogan wrote.
Oneida County District Attorney Mike Schiek did not object to the request. Judge Patrick O'Melia ordered the evaluation and set a competency hearing for Thursday, Sept. 5.
Alsteens is facing four criminal charges - among them three different felonies - in connection with a shooting that occurred at 645 Mason Street the night of Aug. 12.
The criminal complaint alleges Alsteens shot his uncle, Justin F. Alsteens, 49, in the stomach with a 7mm rifle in the home then fled the scene. Officers responded to reports of the shooting at approximately 7:45 p.m.
There were two other people in the house when the shooting took place, in addition to the victim and the suspect, according to investigators. Justin Alsteens was transported to Ministry St. Mary's Hospital and later airlifted to St. Joseph's Hospital in Marshfield. At last report he was still listed in critical condition.
Marcus Alsteens was taken into custody by the Oneida County Sheriff's Office the night of the shooting on Wisconsin Highway 17, near Eagle River.
The motive behind the shooting remains unclear.
According to an interview a Rhinelander Police Department detective conducted with Alsteens the day after the incident, the defendant said he had been living at the Mason Street residence with his uncle.
He provided vague answers about what he and his uncle had been arguing about prior to the shooting. According to the complaint, Alsteens retrieved a rifle from a cabinet in his bedroom, went into the room his uncle was in and shot him. When the detective asked Alsteens what he was thinking about when he went to go get the gun, Alsteens responded, "I was just really pissed off at that time."
During the interview, Alsteens referenced household chores as one of the things he and his uncle had argued about and said there had been periodic arguments between them for several months.
The formal charges against Alsteens are felony counts of attempted first degree intentional homicide, aggravated battery, injury by negligent use of a weapon and a misdemeanor count of negligent handling of a weapon.
If convicted of all charges, he could be sentenced to nearly 80 years in the state prison system. He is currently in custody in the Oneida County jail on a $50,000 cash bond.
Kyle Rogers may be reached at [email protected].
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