Tim Ryan, tryan@wolfrivermedia.com
A Shawano man whose conviction for bank robbery three years ago was overturned on appeal was found not competent to face a new trial at this time after a court hearing Wednesday.
Darrin H. Church, 51, was sentenced in July 2014 to five years in prison and 10 years extended supervision.
Church had pleaded no contest to charges of using the threat of force to rob the CoVantage Credit Union at 911 E. Green Bay St. and attempting to rob Cash Tyme at 705 E. Green Bay St. in April 2013.
The District IV Court of Appeals in March reversed Church’s convictions on those charges, as well as bail jumping and other misdemeanors, on the grounds that Circuit Judge William Kussel Jr. did not ask Church at the plea hearing if he knew he was entitled to a unanimous jury verdict.
The court returned the case to Kussel with instructions that the district attorney has to prove Church understood all the rights he was giving up prior to pleading no contest.
His case was scheduled for review in Shawano-Menominee County Circuit Court in May, but Church was unable to appear in person because of a medical condition, according to court records. He is being held at Dodge Correctional Institution in Waupun.
According to the Department of Corrections, Church’s condition was said at the time to be “deteriorating,” court records state.
Church’s attorney and the state agreed that Church should be evaluated for competency before a new trial takes place.
The court Wednesday heard testimony from a clinical psychologist, Dr. Michael Galli, who conducted the evaluation and said Church’s physical and cognitive skills were declining. He said Church was not likely to become competent and would require guardianship and protective placement if released.
The court found Church to be not competent and not likely to become competent and will appoint a temporary guardian ad litem. Another hearing date will be set to determine how to proceed in light of Wednesday’s court finding.
The criminal complaint alleged that Church entered CoVantage Credit Union on April 8, 2013, and gave a teller a note demanding money. He left with more than $6,000 but was arrested a short time later and the money was recovered.
Just before the CoVantage robbery, Church had entered the nearby Cash Tyme Store, gave the teller a note and then told her it was a joke. He left with no funds.
Church had entered another bank earlier the same day but didn’t use the note he had written.
Church was initially found incompetent to stand trial, but that was reversed after a doctor concluded Church had been faking his incompetency.
Galli testified Wednesday that Church was no longer “malingering.”