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Murder case waits for competency ruling

Wednesday, July 16, 2008 4:44 PM EDT

Two men recently arrested for the 1993 murder of Kevin Pluger will be evaluated for mental competency to stand trial and for criminal responsibility before cases against them continue.

Randal Scott Czerkies, 44, of Bay County and Fredrick Earl McCormick, 42, of Douglas were charged in June with open murder in the killing. Pluger’s body was found in September 1993 in the Allegan State Game Area. He had been shot four times.

At a July 10 hearing in Allegan County District Court, Judge Stephen Sheridan granted defense motions for the examinations to be conducted. The court was originally scheduled to conduct preliminary hearings for both men.

“I’m requesting adjournment for two reasons,” said Czerkies’ attorney, Robert Champion. “First, I received a count four added to the felony complaint, felony murder as it’s commonly referred to. I don’t understand what their theory is in that matter.”

Champion also asked that the state psychiatric center determine whether his client was now competent to stand trial and whether he might have diminished responsibility for the crime.

“There are issues that back in 1993, when this occurred, the parties were involved in the use of controlled substances that affected their memories,” Champion said. “My client has since then suffered a closed-head injury that has affected his memory and personality.”

Assistant prosecutor Julie Nakfoor Pratt said the county was ready to proceed, but couldn’t disagree with Champion’s motion.

“I’d be hard-pressed to disagree with them,” she said. “These are homicide charges and we all want to make sure no stone is unturned.”

McCormick’s attorney, Matt Antkoviak, asked for the same examinations for his client, because of the drug use.

Sheridan approved the examinations in both cases. No new dates will be set in the case until they are complete.

Czerkies was charged with Pluger’s murder in 1993, but was released after then Judge Gary Stewart found there wasn’t enough evidence for the case to proceed, after McCormick, then just a witness, changed his testimony.

Police from the Allegan County Sheriff Department, the Michigan State Police and the Saugatuck-Douglas Police Department looked at the case again this year.

Dan Pepper can be reached at dpepper@allegannews.com or at (269) 673-5534 or (269) 685-5985.

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