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Macomb Daily
October 4, 2014
A man accused of beating to death his cellmate at the county jail has been declared incompetent to stand trial and may claim insanity if he goes to trial.
Mark A. Cowans, 18, of Warren, is accused of beating Ryan Hagerman, 34, of Warren, on May 28, in the Macomb County Jail in Mount Clemens. Hagerman died from his injuries June 19. The incident was captured on video. Officials believe the men did not know each other prior to incarceration.
Cowans was ruled unable to continue with court proceedings last month by Judge Carrie Fuca of 41B District Court in Clinton Township, based on an evaluation of Cowans by mental health experts at the state Center for Forensic Psychiatry near Ypsilanti.
But experts also indicated there is “substantial probability” Cowans will be restored to competency within the 15-month period required in order for him to be subject to criminal charges, according to attorneys involved in the case.
“He is receiving therapy and medications at the Forensic Center,” Cowans’ defense attorney, Steve Kaplan, said. “Ultimately, he should be found competent to stand trial, probably in about four to six months.”
Kaplan said Cowans has had mental issues in the past but has not been violent.
Cowans, who was in jail on a charge of carrying a concealed weapon May 26 in Warren, was originally charged with assault with intent to do great bodily harm, punishable by up to 10 years in prison, for the beating. Following Hagerman’s death, county Prosecutor Eric Smith issued a first-degree murder warrant for Cowans. However, Cowans had not been formally charged in court due to his lack of competency.
Cowans also will be tested by state experts on whether he was criminally responsible. A determination that he didn’t realize his alleged actions were criminal could be used in an insanity defense. Kaplan likely also will seek an independent evaluation, he said.
The next court date in the fatal beating is Dec. 17 in 41B District Court.
A Sept. 29 pretrial for his CCW charge in Macomb County Circuit Court in Mount Clemens likely will be adjourned.
