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A Freeborn County District Court judge on Thursday found the man charged in the shooting at Shady Oaks apartments in November 2020 competent to stand trial.

The order, from District Court Judge Steve Schwab, came after evaluations of Devin Michael Weiland by two psychologists, Tricia Aiken and George Komaridis, who filed conflicting reports.  

Weiland faces three counts of attempted first-degree murder and three counts of second-degree assault with a dangerous weapon for allegedly shooting three people in an eight-hour standoff at the apartment complex.

Aiken said she did not see “obvious indications of current psychosis, mania or cognitive impairment that would impede (Weiland’s) ability to go to court, work with his attorney and make decisions in his case” and argued that Weiland was attempting to avoid criminal prosecution by malingering — or exaggerating — his mental health symptoms to be sent to a hospital instead of prison.

Komaridis, conversely, stated that based on “Weiland’s responses to inquiries about his knowledge of court proceedings and his awareness of the role his attorneys play in his defense, as well as his lack of desire to participate in his defense, it is my opinion that Mr. Weiland is not competent to proceed to trial at this time,” Schwab wrote. 

During a court hearing last month, Komaridis said he thought Weiland was “sticking his head in the sand” when it came to participating in his defense with his counsel and said he thinks Weiland doesn’t want to face the consequences of his actions and so is not motivated to participate in his defense. The psychologist ultimately suggested Weiland be placed in a long-term program, such as a restoration competency program, so a better educated decision could be made about his competency. 

Weiland has received several diagnoses, including Autism Spectrum Disorder, depression, alcohol use disorder and obsessive compulsive disorder, among others. 

Schwab in his analysis said he found the testimony of Aiken to be more credible than that of Komaridis. The judge said Aiken testified Weiland was able to recall his social history in evaluations with Aiken but when discussing his charges, he would act as though he did not understand what she was talking about.

“The fact that he could give an accurate social history shows that he can track a conversation and follow what someone is saying,” the judge said. “This shows that defendant is competent and is merely choosing to decline to consult with counsel and participate in his defense, not that he is unable to.”

He said Weiland was likely malingering — or exaggerating — his symptoms of mental illness in conversations with both Aiken and Komaridis, and while Komaridis pointed out that malingering by itself does not automatically equal competency, “it does show that the defendant is aware and understands the severity of his actions and the potential severity of his consequences.” 

“That understanding would point towards competency,” the judge continued. “If defendant has the competency to malinger, he likely has the competency to rationally consult with legal counsel, understand the proceedings, and participate in his defense.”

Schwab said he was concerned Komaridis did not testify with certainty that Weiland was incompetent but stated his opinion was “merely an educated guess and that he believed that nobody could know the defendant’s mental capacity for certain.” That was in contrast with Aiken, who conclusively answered that she believes Weiland is competent to stand trial. 

“Just because he does not want to consult with counsel does not mean that he is unable to do so because of a mental illness,” Schwab said. “Because the court believes that the defendant can consult with counsel and participate in his defense and is merely choosing not to do so, the court believes the defendant is competent to stand trial.” 

Court documents state investigators estimate Weiland reportedly fired 90 rounds during the eight-hour standoff at the apartment complex Nov. 29, 2020.

Prosecutors have said he summoned law enforcement to the apartment complex that morning at 2:18 a.m. for a report of fireworks or gunshots in the area. When the first officer arrived, Weiland began firing shots out the window from his apartment on the third floor, striking that officer in the chest with a rifle. Two others were later injured, including one resident who left the building because he was concerned about his vehicle, and a second, who lived across the street and left in his car to drive to work.

Weiland’s next hearing has not yet been scheduled.