Charges in the Lobster Claw II murder case have been dropped for now, after a finding that the defendant is not mentally fit to stand trial.
Judge Lisa English made the final determination on Tuesday that the alleged shooter in the murder, John Kratz, 29, of Candia, was mentally unwell and a danger to himself and others.
She dismissed the charges without prejudice, meaning the state can recharge Kratz in the future if he is found competent to stand trial.
While awaiting a redetermination, English ruled that Kratz will be held under involuntary admission in the secure psychiatric unit at New Hampshire State Prison for 90 days, after which he will be reevaluated to see if he is competent.
Kratz was facing trial for knowingly causing the death of his uncle John Kratz Jr., 64, of Sandown, at the Lobster Claw II on May 17, 2023. He was charged with one count of knowing second degree murder and one count of reckless second degree murder for allegedly shooting his uncle in the head.
English made the determination based on Kratz’s evaluation by James Bomersbach, a psychologist, president of the New Hampshire Psychological Association, and an employee of the Office of the Forensic Examiner.
“Dr. Bomersbach made a further finding that the defendant qualifies for a finding of dangerousness,” the ruling states.
Using criteria laid out in State v. Lavoie, Bomersbach determined that Kratz met stipulations for a finding of dangerousness.
According to court documents, Bomersbach said Kratz had met four of the requirements laid out in State v. Lavoie: the alleged killing of another person with a firearm; showing a strong interest in firearms generally and their need for personal protection or to end his own life; lacking insight into how his alleged conduct has caused his current circumstances; and not claiming any responsibility for his actions.
“The defendant’s conduct in this case represents an actual infliction of serious bodily injury to another person,” Bomersbach wrote. “(Kratz’s) continued mental condition and lack of insight into the allegations in this case demonstrate a continued threat of harm to himself and others.”
According to an affidavit filed by Derry Detective Scott Tompkins, Kratz disclosed to Tompkins that he has a history of mental illness.
Tompkins said that Kratz confessed to shooting his uncle two times, but claimed it was to defend himself and his father.
“Kratz admitted he killed his uncle and claimed that he did so because he was protecting his father from being murdered,” Tompkins wrote in the affidavit. “He said he believed what he did was legal.”
Tompkins wrote in the affidavit that a day after the shooting Kratz claimed his mother, Donna Kratz, and others were attempting to kill him and his father.
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