CT man in ISIS case deemed unfit for trial
As described in a report from the state Office of Legislative Research, “a defendant in a criminal trial may not be tried, convicted or sentenced while he or she is not competent.”
NEW HAVEN — A Hamden man charged with attempting to provide material support for the Islamic State of Iraq and al-Sham was found mentally incapable of participating in his own defense Wednesday, delaying adjudication of his case.
Kevin Iman McCormick, 27, was arrested in October 2019 and charged with the offense, according to the U.S. Attorney’s Office for Connecticut.
Judge Kari A. Dooley, citing an analysis from Dr. Hassan M. Minhas, placed McCormick Wednesday into the custody of the state’s attorney’s office, so he could be taken to receive care with the goal of restoring his mental fitness.
Minhas’ report was filed under seal as an exhibit in the case. Both defense attorney Allison Near and federal prosecutor Douglas Morabito formally agreed with the conclusions of the report as part of Wednesday’s hearing.
Near had previously asked for a hearing on McCormick’s competence to stand trial, according to court records.
Dooley, citing the doctor’s report, said McCormick was “presently suffering from a mental disease or defect” that has rendered him incapable of understanding trial proceedings or appropriately participating in his own defense.
“I am hopeful, based on the conclusion, that Mr. McCormick can be restored to competency,” said Dooley.
Near said Wednesday that McCormick has had a difficult time in prison since he was arrested, including having problems with other inmates.
Dooley, noting that, said she hoped the time in restorative custody would be “productive” and encouraged McCormick to work with staff.
As described in a report from the state Office of Legislative Research, “a defendant in a criminal trial may not be tried, convicted or sentenced while he or she is not competent.”
In a sworn affidavit on the case, Samuel Wharton, a special agent with the Federal Bureau of Investigation, alleged that McCormick told two individuals of his desire to travel to Syria and fight for ISIS, including in recorded conversations, and made a video pledging his allegiance to the group.
He previously had been fired from his position as a contract driver in Arkansas, then allegedly attempted to purchase a firearm and knife in a “large store” in the state of Washington in September 2019, according to the FBI.
“The sales associates at the store did not know McCormick had just been fired. McCormick behaved strangely and told the sales associates that the purchase of the firearm was ‘not for an animal,’” Wharton said in his affidavit. “The associate declined to sell McCormick the firearm.”
Members of a Muslim community center previously had reported that McCormick said they should support ISIS, Wharton said, and law enforcement officials had found ISIS-related videos on McCormick’s Facebook page.
McCormick was prevented from boarding a flight from Hartford to Jamaica on or around Oct. 12, 2019, by the Department of Homeland Security, Wharton said.
He then met with the two individuals, according to the affidavit, and noted his desire to fight and willingness to die.
“(Y)ou’re supposed to fear God, you’re supposed to have fear of Allah, so the fear of Allah gives me the strength to kill. That’s what gives me the strength to kill. It’s not that I want to kill, you understand?” McCormick allegedly said according to the affidavit.
“It’s like, it’s perfect, the Quran is perfect in what it says, it’s a perfect book it says fighting has been ordained for you,” he allegedly said. “You may not like something which is good for you, and you may like something which is bad for you, so it’s not like I want to kill bro, it’s I have to bro. It’s this I have to do it bro.”
One of the two individuals told McCormick to purchase a plane ticket from Toronto to Jordan or Syria, and recorded him pledging allegiance to ISIS, according to the affidavit.
He purchased such a plane ticket and met the two individuals at the Union Avenue train station on Oct. 21, 2019. They traveled to a “local small private airport,” according to the affidavit. McCormick was arrested while attempting to board a plane there.
In the affidavit, Wharton noted that McCormick likely has mental health issues, citing police reports that contain comments from his family.
The Justice Department also alleges McCormick made a video in 2019 during which he pledged allegiance to ISIS and its former leader, Abu Bakr Al-Baghdadi.
McCormick has been detained since his arrest.
The charge of conspiring to provide material support to a designated foreign terrorist organization carries a maximum term of up to 20 years in prison, according to federal authorities..