Judge declares alleged shooter 'currently incompetent'
Dec. 29—WILKES-BARRE — A Luzerne County judge declared a New York City man accused of attempting to kill a woman he allegedly shot twice outside a nail salon business in Pittston Township "currently incompetent."
The declaration by Judge Joseph F. Sklarosky Jr. on Wednesday was made when Assistant District Attorney Jarrett Ferentino did not contest a report from a forensic psychiatrist that found Christopher Nelson Carmona, 37, is incompetent to face criminal charges.
With Sklarosky's ruling, Carmona, of Manhattan, will be transferred to a mental health facility until he is well enough to face court proceedings.
State police at Wilkes-Barre arrested Carmona for shooting a woman twice in her back in the Pittston Crossings shopping plaza on state Route 315 on June 2.
The woman confronted Carmona when he was rummaging through her vehicle, court records say.
A bystander licensed to carry a firearm fired three shots at Carmona, who escaped unharmed.
District Attorney Sam Sanguedolce later ruled the bystander was justified.
Carmona was arrested after a massive police search when a trooper spotted him walking along Route 315.
While jailed, forensic psychiatrist Dr. Richard Fischbein evaluated Carmona and issued a report Sept. 19, indicating Carmona is incompetent to face charges, according to a motion filed by attorney Dementrius Fannick.
Ferentino said psychiatrist Dr. John O'Brien attempted to evaluate Carmona on Oct. 31, but ultimately agreed with Fischbein's report.
Ferentino did not challenge Fischbein's opinion, resulting in Sklarosky declaring Carmona "currently incompetent."
Sklarosky has continued Carmona's court proceedings indefinitely until his mental health improves.
Carmona is facing charges of criminal attempt to commit homicide, aggravated assault, reckless endangerment, illegal possession of a firearm and two counts of simple assault.
