Court: Boesch

won't stand trial

By KURT NESBITT

Journal Staff Writer

OLIVIA -- A New Ulm man accused of trying to kill his wife this past summer will not stand trial on attempted murder charges.

Richard Allen Boesch, 65, was found incompetent to stand trial Wednesday afternoon by Yellow Medicine County District Judge Bruce Christopherson during a hearing in Renville County District Court.

Boesch was charged with attempted murder in the first degree, assault and domestic assault following an incident at a boat landing near Franklin on Sept. 21, in which he allegedly tried to shoot his wife after tying her hands together with plastic ties. He was apprehended in New Ulm later that day.

Competency examinations were ordered in December after Boesch's attorney filed an affidavit that claimed Boesch, who had a stroke seven years ago, is unable to participate in his own defense despite receiving therapy.

Assistant Renville County Attorney Glen Jacobson said the state's case against Boesch will now be suspended for at least three years while Brown County determines which direction it wants to take, but the charges won't be dismissed. The case could also resume if Boesch isn't committed to a state hospital, he said.

Brown County Attorney James Olson said the county will handle the civil commitment procedures because Boesch lives in New Ulm.

The court's exact reasons for ruling Boesch incompetent are medically privileged information and are not available to the public. Only the judge and the attorneys involved in the case were allowed to see the results of Boesch's examinations.

The court adopted the findings of two doctors who had performed court-ordered examinations of Boesch. Jacobson said both a neurological evaluation and forensic evaluation were included in their examination and were part of their final report. Both of those examinations came to the conclusion that Boesch was not competent to stand trial, Jacobson said.

Boesch was not present during the Wednesday hearing. His attorney, William Cowell of Gaylord, represented him by telephone.

"This has been a tragedy for the entire family," said Cowell in Gaylord. "It still remains to be seen what Brown County will do."

Cowell said Boesch is "aware of what has happened and he will cooperate. Beyond that, I really can't comment, but we'll go through the process."

Boesch, as well as all of Renville County's files and information about his case, will come to Brown County, where authorities are going to consider whether or not to try and convince a court to commit Boesch to a state treatment facility.

Boesch is still in custody at the Kandiyohi County Jail in Willmar. He will remain there until Brown County takes him into custody, Jacobson said. He said the St. Peter Regional Treatment Center would likely be a place where Boesch will stay until Brown County completes the process.

Dick Embacher, adult services supervisor for Brown County Family Services, said cases like Boesch's don't come up very often. He said Family Services will be responsible for a pre-petition screening for civil commitment to a state hospital.

In order to recommend commitment, examiners must find that a person is both mentally ill and poses a threat either to themselves or to others with information that supports both of those conclusions, Embacher said.

Examiners will also try to determine whether or not a person is willing to seek treatment voluntarily and will also consider the level of services a person needs for treatment. Embacher said examiners typically look for the least-restrictive services that meet a person's needs. They will also meet with the individual to discuss what that person is willing to do.

After the entire process is complete, Family Services will make a report to the Brown County Attorney's Office, which will decide whether or not to pursue a civil commitment.

Embacher said people who are subjects of civil commitment proceedings are typically held in regional treatment centers or local hospitals while their cases are proceeding through the courts.