The criminal process for Barry Alan Tolbers, who was charged with first-degree assault after a stand off with police last month, may be halted, probably for good, because of his mental condition.

Assistant Freeborn County Attorney David Walker said a medical examiner who tested Tolbers’ mental state concluded that he would not have the capacity to understand the court proceedings and participate in his defense.

The evaluation was requested by the prosecutor, not the defense side.

&uot;There is a reason to believe Tolbers would be dangerous to society,&uot; Walker said.

Tolbers, 47, started shooting from his house at 809 Harding Ave. in Albert Lea around 7:30 p.m. on April 5. Between then and 6:10 a.m. the following day, he fired at least 69 times with shotguns, a rifle and a handgun, damaging neighboring houses, street lamps and a police squad car. Nobody was injured.

The court will listen to the examiner and review the prosecutor and defense attorney’s opinions, as well, at the hearing scheduled for May 29.

If the court finds Tolbers incompetent then, it will initiate civil commitment proceedings to send him to a secured psychiatric institution.

The criminal charge would survive even if Tolbers is determined to be incompetent by the court. The court process would resume if he attains competency in the future. The law says criminal charges will be dismissed after three years, unless the prosecutor files within the three-year period a written notice of intention to pursue the case if the defendant restores competency.

Tolbers was once bailed out by posting $150,000, but brought back to the jail the following day because of a probation violation for a past DUI conviction. Since then, he has been detained in the county jail.