NEWPORT, N.H. — A Claremont man who police say barricaded himself in an apartment and fired more than 100 rounds during a seven-hour standoff in the summer of 2019 has again been deemed not competent to stand trial.
Michael Burns, 57, was initially declared not competent to stand trial on charges of assault and reckless conduct in May 2020, but Sullivan Superior Court Judge Brian Tucker wrote in a ruling at the time he may be “restorable to competency” within the year.
However, at a virtual hearing in Sullivan Superior Court Thursday, Tucker referenced a report written by examiner Tiffany Piascik, a forensic psychologist, who recently evaluated Burns and determined that he has not been restored to competency and that he’s dangerous to the community. The report has been sealed and is not available to the public.
However, during the first competency hearing in March 2020, Piascik testified that while Burns had an understanding of how the judicial process worked and the facts of his case, he fixated on “delusional thoughts” during her sessions with him. She also said he has a history of mental illness and may be suffering from schizophrenia or a personality disorder.
On Thursday, Claremont-based attorney Lisa Wellman-Ally, who represents Burns, and Assistant Sullivan County Attorney Geoffrey Gallagher both agreed that Burns is not competent. Burns, who has been held at New Hampshire Hospital in Concord, called in to the hearing but did not speak. The attorneys differed on the question of whether Burns is dangerous, prompting Tucker to suggest an evidentiary hearing in the future to determine whether releasing Burns would cause a safety risk to the community
Wellman-Ally, who argued that her client is not dangerous, suggested dropping Burns’ charges and said she would bring employees from the hospital as witnesses to testify at the future hearing. A date for the hearing has not been set.
Burns’ charges stem from two incidents in August 2019, starting with a call police received from a man who said he was sitting in his car on Sullivan Street on Aug. 12 when Burns biked up to him. He said Burns threatened him then reached through the car window and punched him several times before leaving the scene, according to an affidavit written by Claremont Police Officer Alexander Kelsey.
Three days later, on Aug. 15, police responded to a house on Centennial Street in Claremont around 5:30 a.m. after a report of gunshots. Burns barricaded himself in an apartment and fired off more than 100 rounds from the home over the next seven hours, hitting buildings, trees and cars but no people, according to court documents. Police tried to negotiate with Burns via megaphone and issued a “shelter in place” order to the surrounding neighborhood, which was lifted after officers took him into custody around 2:30 p.m.
Burns also was arrested in Waterboro, Maine, in 2008, when he was charged with terrorizing, creating a police standoff and indecent conduct following a six-hour standoff with police, according to a report at the time from the Waterboro Reporter. The incident was never prosecuted.
Anna Merriman can be reached at ameriman@vnews.com or 603-727-3216.