Suspect in murder outside Somersworth Walmart evaluated for competency to stand trial

SOMERSWORTH — Brian D. Roberge, the suspect in the beating death of a 79-year-old man in a Walmart parking lot, is being evaluated for competency to stand trial at the request of his public defense attorneys.

Roberge, 52, of 79 Periwinkle Drive in East Rochester, remains in custody, accused in the murder of Jan VanTassell, a retired firefighter from Center Ossipee, who was killed outside the Walmart in Somersworth the night of July 14. Charged with two counts of second-degree murder, Roberge was denied bail during his arraignment and pleaded not guilty.

More: Jan VanTassel, killed in Walmart parking lot, remembered as 'small-town good guy'

Witnesses reported Roberge straddled VanTassel’s chest for several minutes while hitting him in the head and face, authorities said in July.

Compressional asphyxia was the cause of death, according to an autopsy report by New Hampshire Deputy Chief Medical Examiner Dr. Mitchell Weinberg. The report found the cause of was "consistent with eyewitness accounts." The examiner ruled the death was a homicide.

Strafford County Superior Court Judge Mark Howard on July 27 approved the request for a competency evaluation made by public defender Catherine Flinchbaugh, directing the Office of the Forensic Examiner to evaluate Roberge.

Roberge's defense raised concerns about Roberge’s competency to stand trial "based on several interactions with him since his arrest, his presentation during his arraignment, and counsel’s understanding that Roberge has a history of mental health issues," according to court documents.

“At present, Roberge is not demonstrating an ability to work with counsel or understand the pending case,” Flinchbaugh wrote in the motion. She cited state law standards for competency of defendants in making the request.

The state did not object to the request for the competency evaluation.

The competency evaluation was scheduled for Tuesday, Aug. 29, through the office of the forensic examiner, said Senior Assistant Attorney General Peter Hinckley, a prosecutor in the case.

Hinckley previously said Roberge and VanTassell did not appear to know each other and no motive for the killing has been stated publicly.

The outcome of the competency evaluation was not immediately known.

What happens next?

The next steps depend on the result of the evaluation report from the forensic examiner, Hinckley said.

"There are three potential outcomes," Hinckley said. "He could be found competent, and a trial will be scheduled. He could be found incompetent but restorable, meaning he will be committed for treatment and a date scheduled to reassess the case. Finally, he could be judged incompetent and not restorable, and then the case could be dismissed without prejudice and the process of involuntary commitment to the state hospital would begin."

Hinckley said either side of the case, the victim's family or a member of Roberge's family could choose to challenge the results and the corresponding decision.

The second-degree murder charge carries a potential life sentence if Roberge is found guilty. Hinckley made a motion to seal all documents in the case, which was granted by Judge Mark Howard.

Asked why VanTassel was at Walmart the night he was killed, Somersworth police Capt. Matt Duval said he could not say because it is part of the investigation. However, Duval said, people in campers often use the Walmart parking lot for overnight stays.

This article originally appeared on Fosters Daily Democrat: Suspect in murder at Somersworth NH Walmart evaluated for competency