WAYNE – A rural Wisner man charged with murder may be allowed to return to treatment at Lincoln Regional Center after a judge ordered him to undergo a competency evaluation Wednesday.
District Judge Mark Johnson’s order followed a motion for a competency evaluation filed late Tuesday by Tim Noerrlinger, the attorney representing Carl Ruskamp, who appeared in Wayne County District Court on Wednesday.
Ruskamp, 32, is charged with premeditated murder, use of a firearm to commit a felony and possession of a firearm by a non-criminal person in connection with the shooting death of his father, 65-year-old Gerald Ruskamp, on Sept. 7, 2022, at 320 Y Road northwest of Wisner in Wayne County.
In his motion, Noerrlinger wrote that he knew sufficient facts about Ruskamp’s mental state to reasonably raise the question of his sanity and that this question must be resolved before trial.
This is the second time in the last two years that Ruskamp has been subjected to a competency evaluation. He was found competent in another criminal case in December 2022 and was treated at Lincoln Regional Center for several months in 2023 before being declared competent last October.
Competency evaluations are generally conducted to determine whether defendants understand the nature and quality of the charges against them, whether they understand the potential consequences of a guilty verdict on those charges, and whether they are able to assist their attorney in preparing their defense.
A defendant’s competency, or lack thereof, cannot be used as a defense in court. A competency evaluation simply determines whether a defendant is able to understand the proceedings against him or her and whether the case can be tried in court.
Wayne County Prosecutor Amy Miller said she did not know what the new request for a fitness evaluation was based on, but told Johnson both her office and the Nebraska State Patrol had received a handful of letters from Ruskamp in recent weeks, though she did not elaborate on what they said. Miller also said her office had been receiving 15 to 20 calls a day from Ruskamp recently.
“So I noticed changes in behavior,” Miller said.
Kate Jorgensen, the attorney who represented Ruskamp in court Wednesday, said her client felt he was not given the proper psychotropic medications at the Nebraska Department of Corrections’ intake and treatment center.
“That could certainly impact what’s going on,” Jorgensen said.
Johnson granted the defense’s request for a competency evaluation and said Ruskamp’s next hearing would be scheduled once a psychiatrist at Lincoln Regional Center submits a report.
“Given the allegations against the defendant, I will grant the motion – they are serious and we want to make sure Mr. Ruskamp understands everything that is going on,” the judge said.
Noerrlinger’s motion for sanity comes less than a month after defense attorneys filed a statement of intent requesting that Ruskamp plead not guilty to the murder of his father on the grounds that he is not sane.
Insanity refers to the defendant’s mental state at the time of the crime. If a defendant is acquitted on the basis of insanity, the verdict must reflect whether the trial judge acquitted him or her on that ground alone or on other grounds as well, as required by the state’s laws. If the defendant is acquitted solely on the basis of insanity, the court has sole jurisdiction to try the defendant.
Ruskamp is accused of shooting his father with a .22 caliber Ruger rifle. He was pronounced dead at Wayne Hospital shortly after the incident.
Ruskamp was arrested the night of the shooting in connection with growing marijuana on the family’s property. He faces up to 20 years in prison for the alleged crime.
If Ruskamp’s insanity defense is rejected in his murder trial and he is subsequently found guilty, he faces life in prison plus up to 100 years. He is being held on $1 million bail.
Others appeared on:
Theft by receiving stolen goods ($1,500-$4,999)
— Landon C. Dick, 42, Antelope County Jail, was sentenced to 123 days in jail, with 123 days already served.
Use of a deadly weapon to commit a crime – two counts, terroristic threats – two counts, intentional child abuse not causing injury
— The hearing for Francisco Larios-Cantel, 25, Wayne, was adjourned. Johnson increased Larios-Cantel’s bail to $20,000 because he failed to appear on time.
Identity theft ($1,500-$5,000), criminal identity fraud
— Motion for continuance of preliminary hearing granted by Tomasa Perez, 26, 2304 N. Eastwood St., Lot 71.
Driving under the influence of alcohol (0.15 grams or more) – fourth offense (two counts), driving while license suspended – two counts
— Mateo Grave Ortiz, 25, Dakota County Jail, pleaded not guilty to all counts.
Theft by unlawful taking ($5,000 or more)
— Scott M. Hille, 48, Antelope County Jail, pleaded guilty.
Driving under the influence of alcohol – third offense
— Kenneth M. Reed Jr., 42, Antelope County Jail, pleaded guilty.
Theft by unlawful taking ($5,000 or more)
— A motion to adjourn the preliminary hearing was entered against Crystal A. Clark, 37, of Wakefield, and the case was certified.
Theft by unauthorized taking (US$1,500 to US$4,999),
— Toni M. Hille, 31, North Bend, pleaded guilty.
Burglary, theft by unauthorized taking ($1,500-$4,999)
— A motion to adjourn the preliminary hearing was entered against Jason D. Roberts, 43, of Pierce, and the case was confirmed.
Burglary, stalking, trespassing, first degree trespassing, violation of protective orders, disturbing the peace
— A motion to adjourn the preliminary hearing was entered against Matthew R. Urbanec, 28, of Wayne, and the case was certified.
Burglary, theft by unauthorized taking ($5,000 or more)
— A motion to adjourn from pretrial detention was entered against Michael J. Zoubek, 32, of the Lancaster County Department of Corrections, and the case was certified.
