For New Hope shooter, criminal, mental health systems held no answer

Ray Kmetz spoke before the city council in 2014
Ray Kmetz spoke before the New Hope City Council in August 2014.
Screengrab

The man shot and killed by New Hope police Monday after he opened fire and wounded two officers spent much of the last five years in treatment for mental illness.

Court documents show Raymond Kmetz spent several years in facilities as doctors tried to get him well enough to stand trial for felony charges.

The records show a troubled path of hope and failure. In the end, the mental health and criminal justice systems didn't know how to help him or what to do with him. Here's a look at what happened and when.

December 2009: Hennepin County Mental Health Probate Court orders Kmetz to be committed to the Anoka-Metro Regional Treatment Center (AMRTC) after doctors — through a Rule 20.01 competency exam — find him incompetent to stand trial on three felony counts of first degree property damage, fourth degree assault and terroristic threats for incidents in 2008 and 2009.

June 2010: Hennepin County Mental Health Probate Court Judge Jay Quam orders Kmetz's commitment extended to June of 2011. "If Respondent is not involuntarily committed, Respondent would likely attempt to physically harm others," wrote Quam in the order.

September 2010: The treatment center found Kmetz competent to stand trial for his 2009 charges.

November 2010: Kmetz is released with conditions.

February 2011: Kmetz is accused of calling and threatening a county case manager, as well as his lawyer from his civil commitment case, Bill Lubov.

March 2011: Lubov files a restraining order. According to the restraining order, Lubov states that he doesn't know if Kmetz has firearms, "however in a prior search of his premises by the Crystal Police Department 20 or more firearms and some sort of protective vest were found."

June 2011: Court officials report documentation from Hennepin County corrections saying Kmetz stopped taking his medication. Kmetz is charged with violating the terms of Lubov's restraining order. There are nearly two dozen similar charges filed against Kmetz between June and October. According to one complaint, Kmetz called Lubov's secretary and stated that he was going to "end it all today." Lubov told police he feared for his safety.

September 2011: The court revokes Kmetz's conditional release and an arrest warrant is issued.

October 2011: Kmetz is held in the Hennepin County jail.

November 2011: Kmetz undergoes another Rule 20.01 competency exam, and is again found incompetent to stand trial.

December 2011: According to a court order, the Hennepin County attorney's office agrees to withdraw its allegation that Kmetz is "mentally ill and dangerous," instead alleging that Kmetz is just mentally ill. The order states doctors who examined Kmetz diagnosed him with "delusional disorder."

One doctor noted Kmetz's discussion of the charges of harassment against him by Lubov, "was disjointed and difficult to follow and that his conversation was permeated with paranoid themes about Mr. Lubov and a conspiracy between city and county officials."

April 2012: Hennepin County Judge Gary Larson orders Kmetz's commitment extended. According to the order, Kmetz "continues to have delusional thoughts and exhibit bizarre behavior." In one instance, Kmetz tried to file a grievance stating that a deputy told him that notes would be placed in his record that he was naked in his cell all weekend.

The order states, "There is no evidence that anyone told him this or that such notes were recorded. He repeatedly argued with staff over this claim and became so disruptive he was moved to a different area." The order also states that doctors have reported Kmetz "becomes rageful" when anyone provides information that contradicts his statements.

September 2012: An order issued by Judge Jay Quam extends Kmetz's commitment until August 27, 2013. "Very little about Respondent (Kmetz) has changed since he was admitted into the competency restoration program on April 20, 2012 ... If respondent is not involuntarily committed, respondent would likely attempt to physically harm himself or others."

July 23, 2013: Hennepin County Judge Jamie Anderson signs off on an order releasing Kmetz from the Competency Restoration Program (CRP) at St. Peter.

According to the Department of Human Services, which oversees the program, CRP offers treatment focused on restoring an individual to competence to stand trial. CRP is a 39-bed program that is usually full. The program averages five admissions per month, with an average length of stay of about six months. About 80 percent of those who complete the program are determined competent to stand trial.

Hennepin County Attorney Mike Freeman says the hospital notified his office they would be permanently releasing Kmetz because he was no longer treatable. The Hennepin County Attorney's Office then decided to drop felony charges against Kmetz.

July 29, 2013: The Hennepin County Attorney's Office charges Kmetz with a misdemeanor trespassing offense. He's released on his own recognizance and ordered to have no contact with the New Hope City Council and city manager Kirk McDonald.

August 2014: Crystal Deputy Police Chief Michael Meehan files for a restraining order against Kmetz, citing Kmetz's earlier run-ins with police officers in 2008. Meehan alleges that Kmetz is making threats against officers and staff of the city of Crystal. A judge grants the order. Also in August, Kmetz appears in front of the New Hope City Council and says the city attorney is out to get him.

Jan. 26, 2015: Kmetz is shot and killed after opening fire at New Hope City Hall and wounding two officers.