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Competency exam ordered in fatal Escanaba stabbing

Kaw Tung, accused in a fatal stabbing Aug. 13 in Escanaba, appears Wednesday in Delta County District Court via Zoom along with his attorney, Jennifer France, and a Burmese interpreter for Tung. (Sophie Vogelmann/Daily Press photo)

ESCANABA — A competency exam has been ordered for the man accused in a fatal stabbing Aug. 13 in Escanaba.

Kaw Tung, 29, appeared virtually Wednesday in Delta County District Court before Judge Steve Parks as his defense attorney, Jennifer France, sought to have Tung professionally evaluated for criminal responsibility and competency. A Burmese interpreter for Tung appeared by Zoom as well.

Tung has been charged with homicide-open murder-statutory short form. Few details have been provided on the death, which was reported about 7:18 a.m. Aug. 13 at an undisclosed Escanaba residence. The name of the victim still has not been released.

Tung was later taken into custody without incident in Waukesha County in Wisconsin and picked up Aug. 18 after waiving extradition, according to online court records.

Delta County Chief Assistant Prosecuting Attorney Beth Wickwire argued Wednesday that France’s motion was insufficient in showing Tung may be incompetent to stand trial.

“In Ms. France’s motion, she asserts a belief of PTSD on the date of the incident in question. As the court knows, criminal responsibility relates to mental state on the date of the incident in question and competency relates to mental state at the time of the legal proceedings,” Wickwire said.

“With regard to competency, your honor, a defendant is presumed competent,” she added. “There were no specific facts in Ms. France’s motion that we believe would support incompetency.”

France countered, “In my 25 years practicing criminal law, never have I had a prosecutor object to ensuring all bases are covered in a homicide case.”

France said when she spoke with Tung late last week, “I did try to inquire his understanding of the critical roles of myself, yourself and the prosecution. He was unable to explain to me with any confidence the critical roles of the three of us.”

Parks said while he understood the prosecutor’s concerns, the seriousness of the case and language barrier warranted the evaluations. The competency and criminal responsibility evaluation will be done through the Center for Forensic Psychiatry in Saline, Michigan.

Tung’s preliminary examination, set for today, has been canceled.

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