The Rome man accused of killing his parents in October was found unfit to stand trial and will be transferred to a mental health facility after refusing to go to his scheduled court appearances.
Kyle Kirk, 30, was supposed to appear in court Monday but refused to leave the Oneida County jail. The hearing was rescheduled for Tuesday, and a judge issued an order allowing officers to use reasonable force to get Kirk to court.
According to Oneida County District Attorney Scott McNamara, Kirk was combative with the corrections officers Tuesday, spitting on them and again refusing to leave for court. Oneida County Sheriff Robert Maciol says one of the officers had to go to the hospital to get checked out after the altercation.
At the last court appearance in October, the judge granted the defense’s request for Kirk to undergo a mental health evaluation, which found that he was not competent to stand trial at this time.
McNamara says Kirk’s attorney waived the court appearance Tuesday and the DA’s office, the defense attorney and the court all agreed to accept the findings of the evaluation.
Kirk will be transferred to the New York State Office of Mental Health for the next 90 days.
Kirk is accused of fatally stabbing his parents, 60-year-old Howard J. Kirk III and 53-year-old Amanda Osborne, at their home on Old Oneida Road on Oct. 18.