Man ruled incompetent in Father's Day killing

PROVO — A man who police say ended an argument with his father by stabbing him 26 times on Father's Day has been declared not competent to stand trial for aggravated murder.

Michael Kirsch, 31, got the results from a second evaluator Thursday who also found him unable to proceed with the legal process because of his paranoid schizophrenia.

Judge Gary Stott declared him incompetent and ruled that the Department of Corrections will decide, in conjunction with the Department of Human Services, where to house Kirsch while he's being restored to competency.

"They could send him to the hospital or keep him in the prison," said defense attorney Richard Gale. "They can (keep him in prison) under the statute, but it would be unusual."

Most individuals who are found mentally incompetent are taken to the Utah State Hospital where they work with mental health professionals in a secure setting to regain competency.

However, Kirsch's situation is unique because the new arrest means he has violated his parole, thus giving both departments jurisdiction, said prosecutor Tim Taylor.

"I don't think we've had too many individuals out on parole commit new crimes then be found incompetent," he said. "I don't think the statute addresses that. We'll let them work it out."

Both Taylor and Gale said they expected the results of the review, knowing that Kirsch has dealt with paranoid schizophrenia for several years.

In 2004, Kirsch was arrested for fighting with then stabbing a man twice in the arm. A competency review found Kirsch unable to proceed.

He was eventually restored to competency, and in April 2005 he pleaded guilty and mentally ill to a charge of aggravated assault and was sentenced to prison.

He was released in March 2007 and was still on parole when he was invited to live at home with his parents.

Police say they knew of his violent nature and past but believed he wasn't getting the necessary treatment and didn't want him to be alone or without support.

On June 15, Orem Police say he got into an argument with his father, Christopher Kirsch, an adjunct professor at Utah Valley University, which ended when Kirsch got a kitchen knife and fatally stabbed him.

His mother, Elaine, received a wound to her hand when she tried to stop the fight, which added a charge of aggravated assault to the aggravated murder.

Since being incarcerated, Gale said Kirsch has been getting some help for his condition.

"He's receiving some mental health treatment right now," Gale said. "He seems to be progressing well with that."

Kirsch's case will be reviewed again in 90 days on Jan. 29.

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