Man accused of killing Algona police officer may be incompetent for trial, attorney says

A man accused of shooting and killing an Algona police officer last year may not be competent to stand trial, his attorney told the court this week.

Kyle Ricke, 43, of Algona, is charged with first-degree murder in the killing of Officer Kevin Cram. Prosecutors have said that Cram, 33, was attempting to arrest Ricke on Sept. 13 over an outstanding warrant for harassment when Ricke opened fire, killing him.

Ricke is alleged to have shouted afterward "too late mother f-----," and that "I did it cause I am tired of this s---." He was arrested in Minnesota after a four-hour manhunt.

September 2023: Algona police officer Kevin Cram was shot, killed on duty. Here's what we know:

Ricke has been in custody since his arrest and was scheduled to stand trial beginning June 25. On Tuesday, though, defense attorney Matthew Pittenger filed a motion asking the court to order a competency evaluation for his client. Pittenger says he has concerns "regarding (Ricke's) ability to assist in his defense and appreciate the charges against him" due to his mental condition.

If an evaluation determines Ricke is not competent, it would likely result in a lengthy delay to the case. Iowa has limited capacity to provide competency restoration treatment, with some defendants waiting more than six months for a bed to open up.

Parties agree to move trial

Prosecutors have not filed any response to Pittenger's motion, but on Monday they informed the court they did not oppose the request by the defense to move the trial out of Kossuth County.

Criminal defendants can ask to be tried in a different venue if overwhelming publicity and public awareness of the alleged crime will make it difficult to seat an unbiased jury. The Iowa Attorney General's Office, which is prosecuting the case, indicated in its filing Monday it agrees that "a fair and impartial jury cannot reasonably be selected in Kossuth County."

Previously: Algona police officer Kevin Cram, killed in shooting, remembered for service during funeral

Prosecutors Scott Brown and Ryan Baldridge noted that the Algona community has publicly rallied to support Cram's family, making it likely many potential jurors will be familiar with and have opinions about, the case.

"Although Kossuth County residents are, like most Iowans, fair-minded people who are capable of abiding by their oath and would make good jurors, venue of this particular trial is better situated elsewhere," the prosecutors wrote.

It will be up to the court, should it agree to the venue change, to choose where the trial will take place. Brown and Baldridge suggested the judge look to counties with demographics similar to Kossuth's and consider convenience of travel for Cram's family and witnesses for both the state and defense.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.

This article originally appeared on Des Moines Register: Iowa officer Kevin Cram's alleged shooter seeks competency evaluation