Man accused of peering into homes with burglary tools found incompetent
Police had received multiple reports they linked to suspect that week
A 57-year-old Ferndale man accused of peering into home windows and possessing burglary tools in Warren was found incompetent to face criminal charges for the time being.
Judge Michael Chupa of 37th District Court in Warren on Tuesday determined Kenton C. Driscoll is not competent to understand the charges against him and cannot assist in his defense following testimony from psychiatrist Katherine Rosenblum.
Chupa said Driscoll made delusional remarks.
“He made assertions unsupported by fact,” the judge said.
Chupa made the ruling after examining Rosenblum following questioning by an assistant Macomb County prosecutor and Driscoll’s attorney. Rosenblum testified remotely by video that Driscoll engaged in “hyper-verbal speech,” interrupted her multiple times and made wild accusations of corruption of the police and judge.
“He was displaying rapid speech, jumping from one topic to another,” she said.
Driscoll also objected to the evaluation and after 11 minutes declared, “This evaluation is over,” she said.
Chupa also denied a request made through defense attorney Richard Goodman that Driscoll represent himself.
“Self representation is not appropriate … at this juncture,” Chupa said.
Driscoll was arrested about 11 p.m. last Oct. 11 after residents in homes near 11 Mile and Schoenherr Mile roads reported a suspicious person. Driscoll fled on a bicycle and was captured by police.
Police said they received reports of a Peeping Tom in other areas of Warren and nearby cities over the week before his arrest.
Due to Chupa’s ruling, Driscoll will go to the state Center of Forensic Psychiatry near Ypsilanti, where mental-health experts will attempt to return him to competency for him to possibly face charges. He must be treated to competency within 15 months of the charges to face them in criminal court, or else be released or face a civil commitment hearing, Goodman said.
A review hearing will be held in about six months.
Driscoll has nine prior disorderly conduct convictions.
He also is charged with resisting arrest for fleeing on the bicycle.
Possession of burglary tools is punishable by up to 10 years in prison. His window peeping charge, which is for a Warren incident five days earlier, is a 90-day misdemeanor.
Driscoll appeared in court in a jail uniform and talked privately with Goodman.
He is being held on two bonds valued at $70,000.