Mental health treatment request for homicide suspect

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Feb. 13—WILKES-BARRE — An attorney representing a man accused in the fatal shooting of his brother in Jackson Township last year filed a petition to have his client committed to a mental health facility as he was diagnosed as being incompetent.

John James Kilpatrick, 34, has been jailed at the Luzerne County Correctional Facility since his arrest by Jackson Township police and the Pennsylvania State Police on Aug. 31, when his brother, Kevin Matthew Kilpatrick, was found dead inside their Chase Road residence.

Court records say John Kilpatrick called 911 after he shot his brother and waited for police outside the house.

Several weeks after being arrested, John Kilpatrick was evaluated by a psychologist who determined he was incompetent to face a criminal homicide charge in Luzerne County Court.

John Kilpatrick's attorney, Robert M. Gamburg, of Philadelphia, filed a petition to have his client committed for treatment at Norristown State Hospital near Philadelphia for at least two months.

Judge David W. Lupas, who was assigned the case, has not ruled on the petition.

John Kilpatrick's preliminary hearing that was scheduled on Feb. 9 has been continued indefinitely.