A judge ruled Tuesday that Daniel A. Kelly, the man accused of killing a homeless man on State Street in May 2007 , is competent and able to be tried for first-degree reckless homicide, according to court records.
In September, public defender Dennis Burke raised questions about Kelly's mental health, prompting Tuesday's competency hearing.
Kelly, 31, was diagnosed with schizophrenia in 2006 and before the incident in May, was reportedly in and out of mental health hospitals.
However, Dane County Circuit Court judge Daniel Moeser ruled Kelly competent for trial, which is tentatively scheduled for Oct. 23, court records said.
Now that Kelly has been cleared mentally, it should not interfere with his trial. Currently, Kelly is being held in Dane County Jail on the charge of first-degree reckless homicide.
Police said on the night of May 22, Kelly and Austin Bodahl, a homeless man from Minnesota, got into a fight, at which time Kelly was accused of using a .22 caliber five shot mini-revolver to kill Bodahl on the 600 block of State Street.
Madison police said Bodahl and Kelly knew each other prior to the fight. Court records also show Kelly and Jesse A. Miller, the young man who is accused of putting UW-Madison on lockdown in late September for calls of suicide and potential bomb threats, were acquaintances prior to the incident.
The competency hearing Tuesday revealed Miller is scheduled to be a witness in Kelly's trial.
According to court records, Miller's 2006-'07 medical records will need to be filed before he testifies as a witness. Court records show Miller has a history of mental illness and his role in the trial is currently unknown. Miller is facing extradition charges in San Diego and several charges in Wisconsin.
Jury selection for Kelly's trial is set for next Monday, with the trial tentatively set to follow the next three days. If Kelly is found guilty, he could face more than 60 years in prison.
