Babbitt murder suspect found incompetent to stand trial

By KBJR News 1

Babbitt murder suspect found incompetent to stand trial

April 8, 2014 Updated Apr 8, 2014 at 2:17 PM CDT

Duluth, MN (NNCNOW.com)--- A 24–year–old Babbitt man accused of murdering another man in January has been found incompetent to stand trial after undergoing mental evaluations.

Shawn Russel Doherty was evaluated in January and March by two physicians who both found that he is unable to participate with in his defense.

Under the rules of criminal procedure, all criminal proceedings are suspended.

Doherty is in the process of being committed to either St Peter or Anoka Metro Regional Treatment Center for mental health issues.

The possibility remains through medication and treatment that he could be rehabilitated and able to comprehend what is going on in the courtroom

the judge could then reinstate the criminal proceedings against him.

If the case were to go in front of a jury, two things would have to be determined: whether he was guilty, and whether he was guilty by reason of mental illness.

If he is found guilty of a crime, but not guilty as a result of mental illness he can still be committed indefinitely.

It's the defenses burden to prove that he's not guilty by reason of mental illness.

Doherty is charged with second degree intentional homicide after allegedly strangling his mother's boyfriend to death.

Written and posted to the web by Raeanna Marnati

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