September 6, 2013 at 4:32 p.m.
Man accused of shooting uncle deemed competent
Man accused of shooting uncle deemed competent
The competency of Marcus Alsteens, 23, was called into question last week by his attorney, Mary Hogan. Hogan told the court she didn't feel comfortable moving forward with the case until a doctor evaluated Alsteens.
In her motion, Hogan stated that in her 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' family and personal history.
The court ordered a mental evaluation and the results were shared Thursday. Judge Patrick O'Melia said the conclusion reached by psychologist Dr. Michael Galli is that while Alsteens may be a challenge to represent, there is nothing preventing him from understanding the charges against him or participating in his defense.
"The report is relatively brief," Judge O'Melia said. "Dr. Galli has been doing this for a long time. He understands what is required (by state statutes governing competency and criminal proceedings)."
Hogan did not attempt to refute the findings in Dr. Galli's report and requested a preliminary hearing. That hearing is scheduled for Sept. 24.
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 and then fled the scene. He was eventually taken into custody by the Oneida County Sheriff's Office while on Wisconsin Highway 17, near Eagle River.
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.
Oneida County District Attorney Mike Schiek reported to the court Thursday that the victim remains hospitalized though his condition is slowly improving. Schiek said detectives still haven't been able to interview him but hope to soon.
According to an interview a Rhinelander Police Department detective conducted with Marcus Alsteens the day after the incident, the motive behind the shooting remains unclear.
Alsteens told the detective 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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